The U.S. Supreme Court on Thursday declined to temporarily block a Mississippi law requiring social media users to verify their age and obtain parental consent for minors, in a challenge filed by NetChoice, a trade group representing companies including Meta (META.O), Alphabet’s YouTube (GOOGL.O), and Snapchat (SNAP.N). The law remains in effect while NetChoice’s broader legal challenge, which argues it violates the First Amendment, continues in lower courts.
Justice Brett Kavanaugh noted in a statement that the Mississippi law is likely unconstitutional but said NetChoice had not met the high standard needed to halt enforcement at this stage. Paul Taske, co-director of the NetChoice Litigation Center, described the Supreme Court’s decision as “an unfortunate procedural delay” but expressed confidence that the challenge would ultimately succeed.
Mississippi’s attorney general welcomed the order, saying it allows “thoughtful consideration” of the law. The legislation, passed unanimously by the state legislature, requires platforms to obtain “express consent” from a parent or guardian before a minor can open an account and mandates “commercially reasonable” age verification. Violations can carry civil penalties of up to $10,000 per incident and potential criminal penalties under state deceptive trade practices laws.
The case comes after U.S. District Judge Halil Suleyman Ozerden initially blocked enforcement for some NetChoice members, but the 5th U.S. Circuit Court of Appeals allowed the law to take effect. Similar measures have been blocked in courts in seven other states. Technology companies maintain that their platforms already include extensive content moderation and parental controls to protect minors.
Mississippi defended the law as a “common” method to safeguard children online, emphasizing parental consent and age verification as key protective measures.