07/30/2025 / By Laura Harris
A major internet trade group is asking the U.S. Supreme Court to block a Mississippi law that restricts minors’ access to social media platforms, arguing the measure violates free speech rights and imposes unconstitutional burdens on users and tech companies.
In an emergency application filed on July 23, NetChoice, a trade association representing companies including Facebook, YouTube, Snapchat and X (formerly Twitter), urged the high court to halt enforcement of Mississippi’s House Bill 1126, which took effect on July 1. The request was docketed as NetChoice LLC v. Fitch and submitted to Justice Samuel Alito, who oversees emergency appeals from the Fifth Circuit.
The law, signed by Republican Gov. Tate Reeves on April 30, mandates that minors obtain parental consent before creating social media accounts. It also requires platforms to verify users’ ages and take steps to prevent minors from accessing harmful content, including material promoting self-harm, drug use, sexual exploitation and violence. Platforms that violate the law face fines of up to $10,000 per offense and potential criminal penalties under the deceptive trade practices law of Mississippi. (Related: Indiana and Mississippi SUED over online age verification laws.)
NetChoice, whose members also include Instagram, Reddit, Pinterest, Nextdoor and Dreamwidth, contends that the law imposes unlawful restraints on constitutionally protected speech. NetChoice argues that the age-verification requirement alone makes access to online speech contingent on self-disclosure, which it says is unconstitutional. The group also asserts that Mississippi has failed to prove a clear connection between social media use and harm to minors, calling the statute a “blunderbuss approach to regulating online speech.”
Alito has directed Mississippi Attorney General Lynn Fitch to file a response to the application by 4:00 p.m. on July 30. The court could issue a decision on whether to temporarily block the law shortly after that deadline.
The group previously succeeded in obtaining a preliminary injunction from a federal district court, which found the statute likely unconstitutional and temporarily blocked enforcement against the nine NetChoice member platforms.
However, on July 17, the U.S. Court of Appeals for the Fifth Circuit lifted that injunction without addressing the First Amendment claims, allowing Mississippi to begin enforcing the law as litigation continues. The Fifth Circuit’s one-page order offered no reasoning for lifting the injunction, instead sending the case back to the district court for further review.
In response to the appellate court’s ruling, attorneys for NetChoice vowed to continue fighting the law, arguing it infringes on users’ privacy rights and restricts free expression. Paul Taske, co-director of the NetChoice Litigation Center, called the decision “very disappointing” and said the organization is “evaluating all available options moving forward.”
“NetChoice will continue to fight against this egregious infringement on access to fully protected speech online,” Taske said. “Parents, not the government, should determine what is right for their families.”
In line with their response, NetChoice turned to the Supreme Court in hopes of restoring the legal shield for its members. NetChoice’s emergency filing seeks to reinstate the block, warning that its members and their users will suffer “irreparable injury” if the law remains in effect.
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