ACLU, EFF Side With NetChoice in Suit Against Miss. Social Media Law

The 5th U.S. Circuit Court of Appeals should affirm a lower court’s decision that blocks Mississippi’s social media age-verification law because it violates the First Amendment, the American Civil Liberties Union, the Electronic Frontier Foundation, Chamber of Progress and other groups argued in filings Thursday (docket 24-60341). The amici filed in support of NetChoice, which won a preliminary injunction against the law from the U.S. District Court for Southern Mississippi on July 1 (see 2407160038). The ACLU and EFF filed a joint brief, arguing that online age verification blocks access to protected speech for millions of adults who lack proof of identification. Users have a right to be anonymous online, and age-verification requirements force people to put sensitive data at risk of inadvertent disclosure in data breaches, they said. Chamber of Progress filed with LGBT Tech, the Woodhull Freedom Foundation and the Coalition for Responsible Home Education. Minors don’t “shed their First Amendment rights at the gateway to the internet,” they said: Their participation in the “marketplace of ideas,” which includes unpopular ideas, is “essential to a functioning democracy.” The Foundation for Individual Rights and Expression argued that legal precedent requires government to show there isn’t a “less restrictive alternative” to achieving its objective, and Mississippi hasn’t shown the new law is the “least restrictive means of addressing concerns about young peoples’ use of social media.”