SCOTUS Allows Mississippi Social Media Law: Free Speech Under Fire?
The Supreme Court has allowed a Mississippi law requiring age verification for social media users to go into effect, sparking debate about free speech and online safety. This decision comes shortly after the Court upheld a similar Texas law regarding age verification for websites with sexually explicit content. The Mississippi law, however, is broader, impacting platforms like Facebook, Instagram, and Snapchat.
What the Mississippi Law Entails
The law, known as the Walker Montgomery Protecting Children Online Act, mandates age verification for social media sites and requires parental consent for minors to use platforms like Instagram and YouTube. It also compels social media companies to prevent children from accessing "harmful materials." Mississippi Attorney General Lynn Fitch argues the law protects children from online predators.
NetChoice's Legal Challenge
NetChoice, a tech industry association, is challenging the law, arguing it unconstitutionally restricts free speech. They contend the law's requirements for monitoring and censoring vague categories of speech limit access to important information, from online lectures to political statements. A federal district court initially blocked the law, but the 5th Circuit Court of Appeals lifted the injunction, leading NetChoice to appeal to the Supreme Court.
Kavanaugh's Concurrence and the Shadow Docket
Justice Brett Kavanaugh, while agreeing with the Court's decision to allow the law to take effect for now, wrote a concurring opinion stating he believes the law is likely unconstitutional. He cited the "balance of harms and equities," a principle used in the Court's "shadow docket" cases, indicating that emergency relief wasn't procedurally appropriate at this time. This suggests the Court may revisit the law's constitutionality in the future.
Implications for Online Freedom
This case raises crucial questions about the balance between protecting children online and safeguarding free speech rights. The Supreme Court's decision to allow the Mississippi law to take effect signals a potential shift in how online content is regulated, with potential implications for social media companies and users alike. The legal battle is far from over, and the future of online freedom remains uncertain.