Georgia Age Verification Law Blocked by Federal Judge

Georgia has become the latest state where a federal judge has blocked a law requiring age verification for social media accounts. U.S. District Judge Amy Totenberg ruled that the Georgia law, which was set to take effect next week, would not go into effect as scheduled. Instead, Totenberg granted a preliminary injunction blocking the law until there’s a full ruling on the issue.

The Georgia measure, passed in 2024, aimed to require some social media providers to take “commercially reasonable” steps to verify a user’s age and require children younger than 16 to get parental permission for accounts. This law was challenged by NetChoice, a trade group representing online businesses. Judge Totenberg found that the law restricts the rights of minors, chills the right to anonymous speech online, and restricts the ability of people to receive speech from social media platforms.

“The state seeks to erect barriers to speech that cannot withstand the rigorous scrutiny that the Constitution requires,” Totenberg wrote in her ruling. She also noted that concerns about social media harming children are legitimate but do not outweigh the constitutional violation. The state of Georgia has indicated that it will appeal the decision, with a spokesperson for Attorney General Chris Carr stating, “We will continue to defend commonsense measures that empower parents and protect our children online.”

Parents and even some teens are increasingly concerned about the effects of social media use on young people. Supporters of the laws argue that they are needed to help curb the negative impacts of social media, which researchers say are associated with an increase in depression and anxiety. However, Judge Totenberg's ruling suggests that these concerns do not justify the infringement on free speech rights.

Totenberg also wrote that NetChoice’s members would be irreparably harmed by the law. She rejected arguments from the state that the group shouldn’t get temporary relief because it had delayed filing its lawsuit by a year and because the state would be required to give 90 days’ notice before enforcing the law. “Free expression doesn’t end where government anxiety begins,” NetChoice Director of Litigation Chris Marchese said in a statement. “Parents—not politicians—should guide their children’s lives online and offline—and no one should have to hand over a government ID to speak in digital spaces.”

This is the ninth state where NetChoice has blocked a law over children’s use of social media. In Arkansas and Ohio, federal judges have permanently overturned the laws. Besides Georgia, measures are also on hold in California, Florida, Mississippi, Texas, and Utah. Louisiana agreed to not enforce its law while litigation proceeds. Only in Tennessee did a federal judge decline to temporarily block a law, finding NetChoice hadn’t proved that people would be irreparably harmed if the law wasn’t blocked before trial.

Georgia had argued the law was meant to protect children in a dangerous place, likening it to banning them from bars serving alcohol instead of restricting their speech. The ruling underscores the ongoing debate surrounding the regulation of social media platforms and the balance between protecting users, particularly minors, and preserving constitutional freedoms. The law in question sought to address concerns about the impact of social media on young users, but critics argued that it imposed an undue burden on free speech. Judge Totenberg's decision reflects a broader judicial trend of scrutinizing laws that could potentially infringe on First Amendment rights, particularly in the context of digital communication.

The implications of this ruling extend beyond Georgia, as other states grapple with similar legislative efforts to regulate social media. The decision serves as a reminder that any attempt to impose age verification requirements must carefully navigate the complexities of free speech protections. As the digital landscape continues to evolve, the courts will likely play a crucial role in shaping the legal framework governing social media platforms and their users.