WASHINGTON—Today, NetChoice filed an emergency application to the U.S. Supreme Court, urging the justices to reinstate our preliminary injunction against Mississippi’s I.D.-for-Speech law, HB 1126. This comes after the U.S. Court of Appeals for the Fifth Circuit lifted it in an unreasoned, one-line order last week. It is the first case to reach the High Court on social media age verification.
This law violates First Amendment rights while manufacturing a cybersecurity nightmare for families that want to use social media. It will force every Mississippian—adults and minors alike—to surrender their personal information to access fully protected online speech and expose families to unprecedented risks. Indeed, Americans are increasingly using social media to find basic information and news, but this law would burden that access and violate our rights.
NetChoice is asking the Court to ensure Mississippians maintain their access to the valuable speech found on social media websites while the ordinary appellate process continues.
“Free speech is under attack, and NetChoice is fighting back. Social media is the modern printing press—it allows all Americans to share their thoughts and perspectives. And, until now, Mississippians could do the same free from government interference. But Mississippi’s censorship regime would upend the status quo by forcing people to provide their sensitive, personal information just to access fully protected speech online. That is a massive First Amendment violation,” said Paul Taske, Co-Director of the NetChoice Litigation Center.
“Its vague language also risks censoring a wide range of protected educational, historical, political and cultural content. Mississippi may think it knows best, but where free speech is concerned, the state does not get to force its views on individuals or families.”
Taske continued: “Just as the government can’t force you to provide identification to read a newspaper, the same holds true when that news is available online. Courts across the country agree with us: NetChoice has successfully blocked similar, unconstitutional laws in other states. We are confident the Supreme Court will agree, and we look forward to fighting to keep the internet safe and free from government censorship.”
The dangerously vague language in Mississippi’s law forces websites into an impossible position: either over-censor a vast array of fully protected content or face massive fines and possible criminal penalties. Under these broad and unclear mandates, young people could be blocked from seeing anything from the U.S. Declaration of Independence, news and educational resources, entertainment and even religious content online without a government-mandated ID check.
This one-size-fits-all mandate strips decision-making power away from parents and gives it to the state while forcing children’s data into massive honeypots that will be targets for cybercriminals and predators.
There is no proper remedy for the loss of Americans’ First Amendment rights. We appreciate the opportunity to fight again for free expression online at the Supreme Court.
Read NetChoice’s emergency appeal HERE. Learn more about NetChoice v. Fitch here.
Please contact press@netchoice.org with inquiries.