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NetChoice v. Carr (Georgia SB 351)

Key Takeaways:
  • Georgia’s SB 351 unconstitutionally blocks access to protected online speech and forces Georgians to surrender their private information just to use everyday digital services.
  • Rather than protecting children, this law creates significant cybersecurity risks and undermines parents’ authority. 
  • NetChoice is challenging this law to defend constitutional rights, digital safety and meaningful solutions that actually protect families online.
What's At Stake
  • Blocking access to protected speech online violates the First Amendment
  • Georgia’s law poses a serious threat to cybersecurity and online safety
  • Prevents social media from providing family-friendly advertising
  • SB 351 usurps parents and seizes their role for the State
Case Brief

Case Status: Preliminary injunction hearing

Latest Update: May 30, 2025

Attorneys:
Steve Lehotsky Scott Keller Jeremy Maltz Jared Magnuson Josh Morrow Shannon Denmark

Firms:
Lehotsky Keller Cohn

Timeline
  • U.S. District Court for the Northern District of Georgia
    May 1, 2025: Complaint filed
  • U.S. District Court for the Northern District of Georgia
    May 30, 2025: Hearing on NetChoice's preliminary injunction request

Georgia SB 351 unconstitutionally restricts online free speech, compromises cybersecurity and undermines parental authority. By requiring identity verification for access to digital services, it violates First Amendment rights, as courts confirmed by permanently blocking similar laws in Arkansas and Ohio. NetChoice sued on May 1, 2025, to halt it.

The law creates cybersecurity risks by turning online services into data honeypots, endangering users—especially minors—amid rising breaches, including: 1.7 billion data exposure notices were issued in 2024, 108 school districts across the country in 2023 reported their data breached and 25% of minors expected to have their identities stolen before they turn 18.

It also strips parents of control, imposing rigid rules that ignore the diverse and unique needs of each child, which parents are best suited to determine, and risk excluding vulnerable youth, like those in foster care, from digital resources. Parents—not government bureaucrats—should decide what’s appropriate for their children online. This law takes decision-making power away from Georgia families and gives it to the state.

By banning personalized ads, SB 351 hinders platforms’ ability to deliver age-appropriate content, contradicting its aim to protect kids. 

NetChoice is challenging Georgia SB 351 to defend constitutional rights, digital safety and parental authority, as there are smarter solutions that don’t sacrifice Georgians’ freedoms or security.

Read our full complaint here. 

Chris Marchese

Link to bio

Paul Taske

Link to Bio

Court Filings

On May 1, 2025, NetChoice filed its motion for preliminary injunction.

  • Memo supporting preliminary injunction