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NetChoicev.Attorney General, State of Georgia

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.25-12436
DecidedOctober 15, 2026
JudgesBefore NEWSOM, LUCK, and TJOFLAT, Circuit Judges.
Tags
CivilConstitutional LawCivil RightsFirst AmendmentPreemptionStandingPreliminary Injunction
Case Summary

Georgia’s SB 351 requires covered social media platforms to verify users’ ages, obtain parental consent for accounts held by children under 16, and limit targeted advertising to those users. A district court preliminarily blocked the law after NetChoice challenged it. The Eleventh Circuit held that the trade group could sue on behalf of its members, but had not shown a likelihood of success on its facial First Amendment, vagueness, or federal preemption claims. For the facial speech claim, NetChoice had not supplied the showing required to compare the law’s unconstitutional applications with its legitimate reach; the court also rejected its other theories at this preliminary stage. It vacated the injunction and remanded. The court did not decide whether a particular platform could prevail on an as-applied First Amendment challenge.

Opinion

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The Far Side comic: I told you guys to slow down and take it easy or something like this would happen.