The U.S. Supreme Court has allowed Mississippi’s sweeping social media age-verification law to take effect while legal challenges continue, marking a pivotal moment in the ongoing national debate over online safety and free speech. Enacted in 2023 as House Bill 1126, the law requires platforms to confirm users’ ages, obtain parental consent for minors, and block harmful or obscene content directed at children.
Supporters argue the measure is a necessary safeguard following tragic cases of online exploitation, while critics contend it imposes unconstitutional restrictions on digital expression. By declining to intervene immediately, the Court signaled the law may face significant constitutional hurdles ahead, but for now, it remains enforceable as litigation proceeds in the lower courts.
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High Court Declines Emergency Request
The U.S. Supreme Court on Thursday declined to block Mississippi’s social media law, clearing the way for it to go into effect while litigation continues in the lower courts.
The decision comes after NetChoice a trade group representing companies such as Meta, YouTube, and Snapchat—filed an emergency petition challenging the measure as unconstitutional. Justice Brett Kavanaugh, writing for the Court, acknowledged that NetChoice had raised serious First Amendment concerns but concluded that the group had not shown the law needed to be halted immediately during the appeals process.
What the Law Requires
Enacted in 2023 as House Bill 1126, the law requires social media platforms to:
- Verify the age of users at sign-up.
- Obtain parental consent if the user is a minor.
- Detect and block the distribution of “unlawful, obscene, or other harmful material” to minors.
Unlike many other state-level measures, Mississippi’s law applies to all social media platforms—not just adult content websites. Its scope mirrors recent legislation enacted in the United Kingdom.
Legal Challenges and Court History
In July 2024, District Judge Halil Suleyman Ozerden blocked enforcement of the law, siding with NetChoice’s argument that it likely violated the First Amendment. The state appealed, and the U.S. Court of Appeals for the Fifth Circuit temporarily lifted the block on July 17.
NetChoice’s emergency appeal to the Supreme Court followed. While Kavanaugh acknowledged that the law “is likely unconstitutional,” he emphasized that the issue of immediate enforcement did not meet the standard for intervention at this stage.
NetChoice Responds
Following the ruling, NetChoice expressed disappointment but pointed to Kavanaugh’s language as a sign of eventual victory.
“Although we’re disappointed with the Court’s decision, Justice Kavanaugh’s concurrence makes clear that NetChoice will ultimately succeed in defending the First Amendment—not just in this case but across all of NetChoice’s ID-for-Speech lawsuits,” said Paul Taske, co-director of the NetChoice Litigation Center. “This is merely an unfortunate procedural delay.”
The Human Tragedy Behind the Law
The law is named in memory of Walker Montgomery, a Mississippi teenager who died by suicide after falling victim to a sextortion scheme on Instagram. Scammers demanded payment to prevent the release of intimate material, a growing online threat particularly targeting teenage boys.
Supporters argue the legislation is intended to protect minors from such exploitation by making it harder for bad actors to contact them through social media platforms.
Broader Context: A National Trend
The ruling comes just months after the Supreme Court upheld a narrower Texas law requiring adult websites to verify that visitors are over 18. Writing for that decision, Justice Clarence Thomas noted, “The power to require age verification is within a State’s authority to prevent children from accessing sexually explicit content. Any burden experienced by adults is therefore only incidental.”
Mississippi’s broader approach will now face further scrutiny in the courts. For the time being, however, the law is in effect.
Frequently Asked Questions (FAQs)
What does Mississippi’s age-verification law require?
The law mandates that social media platforms verify users’ ages during sign-up. If the user is a minor, parental consent must be obtained. Platforms must also detect and block harmful or obscene content directed at minors.
How is this law different from others?
Unlike laws in other states that mainly target adult content or pornography sites, Mississippi’s law applies to all social media platforms.
Why is the law controversial?
Critics argue it violates the First Amendment by restricting online expression and imposing burdens on both users and companies. Supporters view it as a vital step to protect children from online exploitation.
What did the Supreme Court decide?
The Court declined to block the law immediately but acknowledged it may be unconstitutional. The case will continue in lower courts.
Why is it called the Walker Montgomery Law?
The law is named after Walker Montgomery, a Mississippi teenager who died by suicide after a sextortion scheme on Instagram. Lawmakers say the legislation honors his memory by working to prevent similar tragedies.
What happens next?
The law is in effect for now. The Fifth Circuit Court of Appeals will continue reviewing its constitutionality, and the case could return to the Supreme Court.
Conclusion
Mississippi’s age-verification law represents one of the most aggressive state efforts yet to regulate children’s access to social media. By allowing the measure to take effect, the Supreme Court has set the stage for a broader legal battle that could shape the balance between online safety and free speech rights nationwide. While Justice Kavanaugh’s remarks suggest the law faces serious constitutional hurdles, the ruling underscores the urgency with which states are addressing the risks of online exploitation.
