Supreme Court Declines to Block Mississippi Social Media Law

The Supreme Court, on Thursday, decided not to enforce regulations that would limit minors’ access to several popular social media platforms without parental approval.

A judge from the high court didn’t provide specific reasons for rejecting an emergency appeal from the trade organization NetChoice, a decision that isn’t unusual for such appeals. The court didn’t disclose how its justices voted.

NetChoice had sought to put the law on hold while it continued to progress through lower courts.

Only Justice Brett Kavanaugh offered a glimpse into his perspective, noting in a brief opinion that he believes the law could be “highly likely to be unconstitutional,” and that NetChoice likely has a strong case on its merits.

The ongoing legal dispute involves Mississippi’s extensive social media legislation, known as HB 1126, passed in 2024. This law prohibits access to major platforms like Facebook, Instagram, YouTube, Snapchat, Pinterest, and Reddit without explicit consent from parents.

To create accounts, these platforms would also need to implement additional age verification measures and other strategies aimed at shielding young users from harmful content. Non-compliance could lead to fines up to $10,000 for each infraction and potential criminal penalties.

Right after the law was enacted, NetChoice filed a lawsuit, claiming it infringed upon free speech rights protected by the First Amendment.

In June, U.S. District Judge Halil Souriman Ozelden granted an interim injunction favoring NetChoice, effectively halting enforcement of the law in Mississippi. While acknowledging the state’s valid interest in protecting minors online, he argued that Mississippi’s approach hampered more speech than necessary.

In July, the Fifth Circuit Court, without explanation, decided to suspend the injunction, allowing the law to proceed and pushing for immediate Supreme Court involvement.

In its emergency appeal, NetChoice’s legal team pointed out a lack of clarity from the lower court regarding its judgment. Their argument emphasized that both they and the court could not fully grasp the Fifth Circuit’s reasoning or how it diverged from previous rulings against similar laws.

The Supreme Court’s choice on this matter comes as other states, including Arkansas, Florida, Georgia, Ohio, and Utah, are moving to establish comparable age-related regulations. Earlier this year, NetChoice has also challenged similar social media laws in states like Florida and Texas.