bbieron@platformeconomyinsights.com

Supreme Court Rejects Motion to Pause Mississippi Social Media Law

Aug 1, 2025

Report from the >New York Times

In Brief – The Supreme Court denied an emergency request by digital company trade group NetChoice to halt a Mississippi law that requires social media platforms to verify all users’ ages, prohibits minors from creating social media accounts without parental permission, and requires the platforms to protect minors from a range of “harmful material”. The law was twice blocked by a federal district judge and in each case a panel of the Fifth Circuit Court of Appeals overturned the decision.

Context – It’s hard to undersell the impact of this High Court procedural decision, both on the creation of internet policy speculation and the prospect for drastically more state internet laws being enacted that violate court precedents. The First Amendment is the main bulwark standing in the way of online regulation in the US, including the imposition of age limits and age verification mandates that are spreading across major markets. Five justices are needed to grant an emergency order. “Shadow” docket decisions normally do not include an explanation from the majority. So, tea leaf reading now moves to the fore like we haven’t had since cert was granted in Gonzalez v Google. In his concurrence, Justice Kavanaugh helpfully gives a concise summary of why all the similar state laws have been blocked, and why he suspects this one will be as well. There are major precedents on the free speech rights of minors. However, the use of the shadow docket and standards around granting temporary injunctions are both increasingly controversial. And these justices have been squirrely on internet cases, generally avoiding policy decisiveness. At PEI, we think there are likely three other justices holding views like Kavanaugh, including Justice Kagan who has been very critical of overuse of the shadow docket. Thomas and Alito are rightly considered the most interested in rewriting the legal regime around online speech and social media. Justice Jackson sounded very skeptical about online platforms in Gonzalez v Google, Justice Barrett sounded skeptical that market or user-based remedies could protect young people in the recent online pornography case, and Justice Gorsuch is often a wildcard.

View By Monthly
Latest Blog
Apple Still Trying to Reverse Epic Antitrust Loss at Supreme Court

Report from Reuters In Brief – Apple has asked the US Supreme Court to review a lower court ruling that found the company in civil contempt for violating an injunction tied to its long-running legal fight with Epic Games. The Apple v Epic antitrust dispute began in...

Trump Cancels Executive Order on “Voluntary” AI Security Reviews

Report from the Washington Post In Brief – President Donald Trump cancelled signing a major executive order on artificial intelligence after last-minute lobbying from leading tech industry figures, including Elon Musk, Mark Zuckerberg, and former White House AI...

X Commits to Strengthen Anti-Terror Content Moderation in the UK

Report from The Guardian In Brief – Ofcom, the UK regulator enforcing the Online Safety Act (OSA), has announced that X has agreed to strengthen its moderation of terrorist and hate-related content. The commitments stem from Ofcom’s discussions with the top social...

Meta Joins Snap, TikTok and YouTube to Settle School District Lawsuit

Report from the New York Times In Brief – Meta has reached reached a settlement agreement in the first lawsuit headed to trial in federal court over claims that addiction to social media platforms has pushed public schools to spend massive sums fighting a youth mental...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required