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NetChoice, Miss. AG Urge Stay in Age-Verification Case as 5th Circuit Appeal's Pending

Trade association NetChoice and Mississippi AG Lynn Fitch (R) jointly moved for a stay of proceedings of a social media age-verification law case while Fitch's appeal to the 5th U.S. Circuit Court of Appeals is pending.

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The U.S. District Court for Southern Mississippi enjoined HB-1126 in case 24-00170 on June 18, on the grounds that it is too broad to survive a First Amendment challenge (see 2506180051). Later that day, Fitch appealed the ruling to the 5th Circuit, as part of her fight for what she called a "commonsense" law (see 2506200009).

"The Parties agree that a stay of proceedings is warranted here because '[t]here is no need for this case to proceed now' in this Court while an appeal on the main legal issues is pending in the Fifth Circuit," the memorandum of support said.

When Fitch appealed the district court ruling, she also asked Judge Halil Ozerden for a stay of an injunction blocking the age-verification law, which he denied on June 25 (see 2506250010).