Miss. AG: Federal Court Should Lift Injunction Against Social Media Law

Mississippi’s social media age-verification law doesn’t violate the First Amendment because it regulates online conduct, not speech, Mississippi Attorney General Lynn Fitch (R) argued Thursday before the 5th U.S. Circuit Court of Appeals (docket 24-60341) (see 2409260053). NetChoice won a preliminary injunction against the law from the U.S. District Court for Southern Mississippi in July (see [Ref:2407160038). Fitch is appealing to lift the injunction. Mississippi argued Thursday that the district court failed to fully review all applications of HB-1126 through a “demanding facial analysis.” The new law requires “commercially reasonable” efforts on age verification, parental consent and harm-mitigation strategies, said Fitch in her reply brief: “Those requirements pose no facial First Amendment problem.” She argued the law applies to interactive functions on platforms and harmful conduct. “That focus does not regulate speech.”