Supreme Court allows restrictions on children’s access to social media to remain in place
On August 14, 2025, the U.S. Supreme Court issued a brief, unsigned order declining to block enforcement of Mississippi’s social media age-verification law while the legal battle continues in lower courts. The law, known as the Walker Montgomery Protecting Children Online Act (House Bill 1126), mandates that social media platforms verify the age of users and obtain parental consent for minors. It also requires companies to implement measures to shield young users from harmful or inappropriate content and limits the collection and use of minors’ personal data.
The law originally took effect on July 1, 2024, but was temporarily blocked by a federal judge in the Southern District of Mississippi, who concluded the statute likely violated the First Amendment. On appeal, the Fifth Circuit Court of Appeals lifted that injunction in April 2025, allowing the law’s enforcement to proceed while litigation continues.
Tech industry group NetChoice, representing platforms such as Meta, Google, Reddit, and Snap, challenged the law on First Amendment grounds, asserting it imposes unconstitutional restrictions and raises privacy concerns for users of all ages.
The Supreme Court’s decision came through the “shadow docket”—a rapid-response mechanism for emergency appeals. While Justice Brett Kavanaugh joined the unsigned order, he wrote separately to express his view that the law is “likely unconstitutional.” However, he concluded that NetChoice had not demonstrated the irreparable harm required for immediate relief under precedent like Nken v. Holder.
Supporters of the law—led by Mississippi Attorney General Lynn Fitch—argue the measure addresses urgent risks to youth, including sextortion, self-harm, bullying, and substance abuse online. Fitch highlighted that the law has been enforced in other states for over a year without evidence of censorship or compliance difficulties.
Meanwhile, the tech industry warns that the law’s requirements could result in substantial compliance costs, undermine free speech, and infringe privacy rights.
At present, the law remains in effect while litigation continues, leaving its ultimate fate to be decided in the lower courts and potentially back before the Supreme Court.
Key Legal Outcomes
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Supreme Court allows the law to remain in force temporarily: Enforcement of Mississippi’s age-verification statute (HB 1126) continues while legal challenges proceed. SCOTUSblogThe Washington PostAP News
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Justice Kavanaugh’s concurrence underscores likely unconstitutionality: Although the law may be unconstitutional, the claimant failed to meet the emergency standard needed to halt its enforcement. Vox+1The VergeThe Washington Post.
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Fifth Circuit previously vacated the district court’s injunction: Allowing the law to take effect while the case progresses through the appellate process. Wikipedia+1.
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First Amendment and privacy concerns remain central: NetChoice argues the law violates free speech and privacy rights, while the state claims it’s a justified protection for minors †cite.
Outlet & Publication Date
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SCOTUSblog – Published August 14, 2025 (summarized via SCOTUSblog reporting) SCOTUSblog+1.
