Judge blocks Georgia's social media age verification law, citing free speech concerns

Key Points

• A U.S. District Judge granted a preliminary injunction blocking Georgia’s 2024 law that would have required “commercially reasonable” age verification and parental consent for under-16 social media accounts.
• Judge Amy Totenberg found the measure infringes on minors’ free speech rights by chilling anonymous expression and access to information online, and concluded it cannot withstand strict constitutional scrutiny.
• The law was challenged by trade group NetChoice, marking the ninth state social media age-verification statute it has successfully blocked, and Georgia has announced plans to appeal.
• Supporters argue the law protects children from social media’s mental health risks, but the judge ruled those concerns don’t override the constitutional violations posed by the statute.

ATLANTA (AP) — Georgia has become the latest state where a federal judge has blocked a law requiring age verification for social media accounts.

Like in seven other states where such laws have been blocked, a federal judge ruled Thursday that the Georgia law infringes on free speech rights.

The ruling by U.S. District Judge Amy Totenberg means that the Georgia measure, which passed in 2024, won't take effect next week as scheduled. Instead, Totenberg granted a preliminary injunction blocking the law until there's a full ruling on the issue.

Georgia's law would 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. It was challenged by NetChoice, a trade group representing online businesses.

“The state seeks to erect barriers to speech that cannot withstand the rigorous scrutiny that the Constitution requires,” Totenberg wrote, finding 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.

Georgia will appeal, a spokesperson for Attorney General Chris Carr said Thursday.

“We will continue to defend commonsense measures that empower parents and protect our children online,” spokesperson Kara Murray said in a statement.

Parents — and even some teens themselves — are growing increasingly concerned about the effects of social media use on young people. Supporters of the laws have said they are needed to help curb the explosive use of social media among young people, and what researchers say is an associated increase in depression and anxiety. Totenberg said concerns about social media harming children are legitimate, but don’t outweigh the constitutional violation.

Totenberg 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.”

It's 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.