Court Upholds Mississippi Social Media Age Verification Law

The age verification law for social media in Mississippi has taken effect. It is based on a ruling made by the 5th U.S. Circuit Court of Appeals through a three-judge panel. The ruling overturns the injunction of a lower court and reflects a consolidated national trend of regulating security among young people on the web.

NetChoice has filed similar cases in Arkansas, Florida, Georgia, Ohio, and Utah, all challenging age gating and consent laws that require parental consent. Paul Taske, co-director of the NetChoice Litigation Center, was highly critical of the Mississippi decision and has indicated the organization is considering legal actions.

The 2024 bill would obligate users to confirm their age before accessing social media. By doing so, it would keep children safe from harmful content and the risk of exploitation by allowing them to use social media. State Attorney General Lynn Fitch supported the legislation by giving examples like child sexual abuse, trafficking, harassment, and incitement to self-harm, all with disproportionate impacts on children.

Several advocates believe the legislation focuses on growing concerns that social media use is causing negative harm to teen mental health, as well as connections to anxiety and depression. 

Nevertheless, the law has remained the subject of court battles by tech industry coalition NetChoice, which represents companies including Google, Meta, and Snap Inc. 

The organization maintains that these policies violate the constitutional rights of citizens to privacy and freedom of speech.

The case highlights a greater national discussion of whether children form their online experience through government action or parental direction. With courts split on these laws, the final outcome may eventually rest with the U.S. Supreme Court.

The decision of Mississippi speaks volumes about the increased need to ensure online safety in the lives of young people; yet, broad-based age verification can undermine the privacy of any citizen with internet access.
The act of finding the middle ground between child protection and constitutional rights is a legal and ethical balancing act.