- The 2024 law was blocked before it took effect last July after NetChoice challenged its constitutionality.
In June 2024, U.S. District Court Judge Halil Suleyman Ozerden granted an injunction of a new Mississippi law known as the “Walker Montgomery Protecting Children Online Act.”
The law, which was unanimously passed by the Legislature and signed by Governor Tate Reeves, requires social media platforms to make reasonable efforts to prevent or mitigate children’s exposure to potentially harmful content while using the platforms. One way of doing that is by age verification.
Ozerden’s injunction came just weeks before the new law was set to take effect July 1, 2024.
READ MORE: Injunction halts Walker Montgomery Protecting Children Online Act from taking effect
Now, a federal three-judge panel at the 5th Circuit U.S. Court of Appeals has overturned that decision, allowing the law to take effect in the Magnolia State as the legal challenge and others like it across the nation continue.
The case – NetChoice v. Fitch – stems from the trade association’s challenge to the new Mississippi law that claims the legislation violates citizens’ constitutionally protected rights, endangers their online privacy and security, and thwarts their rights to make decisions for their family as they deem appropriate.
NetChoice’s members include Amazon; Google, owner of YouTube; Snap Inc., the parent company of SnapChat; Meta, which owns Facebook and Instagram; Netflix; X; and other prominent online platforms.
The trade association plans to continue their challenge of the new Mississippi law, saying in a statement Friday that the “I.D.-for-Speech law mandates all Mississippians—adults and minors alike—hand over their sensitive, personal information just to access fully protected speech online, creating a cybersecurity nightmare for families, thwarting parents and violating the First Amendment.”
“We are very disappointed in the Fifth Circuit’s decision to let Mississippi’s censorship law go into effect,” said Paul Taske, Co-Director of the NetChoice Litigation Center. “We are considering all available options. NetChoice will continue to fight against this egregious infringement on access to fully protected speech online. Parents–not the government–should determine what is right for their families.”
As previously reported, the new law was authored by State Rep. Jill Ford (R) in response to the tragic death of 16-year-old Walker Montgomery of Starkville after someone he met online asked for money. When Montgomery said no, the online predator threatened to release a sexually explicit video of him. After continued pressure by the predator, Montgomery took his own life in 2022.
Following an investigation which included assistance from the FBI, it was revealed that the individuals preying on the teen were overseas. Other instances of predatory activity on minors in the area have also been reported.
Frank Corder
