吃瓜大本营

In April 2024, Mississippi鈥檚 governor signed HB 1126 into law. If allowed to go into effect, the law would require users of social media services to verify their age by providing personal data such as a government-issued photo ID. The law would also mandate that services prohibit anyone deemed to be a minor from joining without parental consent, and that they censor or otherwise limit those people鈥檚 access to a variety of vaguely-defined topics deemed harmful.

This legislation comes on the heels of a similar wave of legislation across the country that seeks to require social media sites to age-gate their services, as well as a that purport to shield minors from explicit content. In reality, these laws impermissibly burden all users鈥� ability to access Internet spaces and express themselves online, and can in fact harm kids by making it impossible for them to learn about the world, petition government actors, and build community.

In recognition of the laws鈥� unconstitutional obstacle to access, courts have consistently struck down online age verification mandates for access to social media, as well as laws requiring parental consent for minors to access Internet content. Courts have ruled that when less restrictive alternatives exist, governments must make use of them.

In their brief, the ACLU and its co-authors detail the 鈥渃hilling effect鈥� that age verification mandates would have on people who use social media, and the privacy implications inherent in requiring individuals to hand over personal information as a precondition for access. Individuals lacking suitable government identification, a group that disproportionately includes Black, Hispanic, disabled, and low-income Americans, could find themselves blocked from accessing social media services. Even if people could make it through the age-gate, forcing every user to relinquish their anonymity in order to access social media would necessarily chill individuals鈥� ability to participate in robust conversations online.

NetChoice v. Fitch is one of several cases in which the ACLU has urged courts to reject age verification schemes, building on the organization鈥檚 continued work to ensure that the Internet remains a space where individuals have the right to freely express themselves.