NetChoicev.Attorney General, State of Georgia
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.
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