Supreme Court Lets Mississippi Social Media Law Take Effect

The Supreme Court on Thursday refused to intervene on a lower court decision that affirmed a Mississippi law requiring users to verify their ages before using social media sites such as Facebook, Instagram, and Snapchat.

The Mississippi law is far broader than a Supreme Court ruling just weeks ago that upheld a Texas law mandating age verification to access websites with sexually explicit material. Writing for the court’s conservative supermajority, in June, Justice Clarence Thomas held that requiring adults to verify their age prior to using sexually explicit sites did not violate the First Amendment’s Free Speech Clause because it is important to shield “children from sexually explicit content.”

In contrast, the Mississippi law requires all users to verify their ages before using common social media sites ranging from Facebook to Nextdoor, a social media site that connects people to their nearby neighbors.

In addition to the age verification rule, the Mississippi law requires social media websites to work to prevent children from accessing “harmful materials” and prohibits minors from using social media websites, such as Instagram and Youtube, without parental consent.

NetChoice, a tech industry association committed to “protecting online freedom” sued, arguing that the law unconstitutionally restricted nine of its member websites: websites mentioned above, including Facebook, Instagram, and YouTube.