Federal Judge Upholds Block on Miss. Social Media Age-Verification Law
A federal judge Wednesday denied Mississippi Attorney General Lynn Fitch's request for a stay of an injunction blocking a social media age-verification law. Fitch (R) asked for the injunction to be lifted while an appeal of case 24-00170 was pending at the 5th U.S. Circuit Court of Appeals (see 2506200009).
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NetChoice sued the AG in 2024 over HB-1126, which requires parental consent for minors younger than 18 to create accounts with covered digital service providers, arguing it violates the First Amendment (see 2406070059).
"For the same reasons it granted preliminary injunctive relief, the Court finds that the Attorney General is not likely to succeed on the merits of the appeal," said Judge Halil Ozerden, of the U.S. District Court for Southern Mississippi.
Fitch originally asked for the injunction to be lifted on June 18, shortly after filing an appeal to the 5th Circuit (see 2506200009). She doubled down on her plea Wednesday.
"NetChoice is right about one thing: This Court has repeatedly heard the Attorney General’s position on NetChoice’s arguments," Fitch said in Wednesday's court document. "The Attorney General stands on her arguments, appreciates this Court’s order expediting briefing on her stay motion, and thanks the Court for resolving that motion expeditiously."
On Tuesday, NetChoice fired back at Fitch, arguing that the U.S. District Court for Southern Mississippi "has twice correctly concluded" that HB-1126 violates the First Amendment.
The state "does not offer any new -- let alone persuasive -- merits arguments," and is unlikely to succeed on appeal, NetChoice said. And since "the Act will cause NetChoice’s members and their users irreparable harm," the harms to NetChoice outweigh those to the state.
"Enjoining enforcement of the Act’s unconstitutional speech restrictions will not 'hinder' the State’s -- or anyone else’s -- ability 'to protect children,'" NetChoice added.
The district court granted a preliminary injunction against HB-1126 on June 18, ruling it was too broad to survive a First Amendment challenge (see 2506180051). The law was previously enjoined in July 2024 (see 2407010062), before the 5th Circuit vacated it in April 2025, allowing the district court to conduct more extensive analysis (see 2504180013).