WASHINGTON—The state of Mississippi responded Wednesday to an application by NetChoice asking the U.S. Supreme Court to limit the state's social media age verification law. The case is NetChoice v. Fitch, which questions the constitutionality of House Bill (HB) 1126, an "I.D.-for-Speech" law, as characterized by NetChoice.
NetChoice is a trade group representing some of the largest technology companies in the United States. Members include X, Instagram and Reddit.
In a filing made by Attorney General Lynn Fitch, the state argues that the companies represented by NetChoice have no case in blocking or even restricting elements of the state's social media age verification law. Mississippi has retorted to NetChoice by making a similar argument to the state of Texas in the Supreme Court case of Free Speech Coalition et al. v. Paxton that challenged an age verification law that targets the adult entertainment industry specifically.
"NetChoice argues that a Fifth Circuit decision upholding the act would be certworthy because the Act violates the First Amendment," argues Lynn.
"Put aside for now that NetChoice’s First Amendment arguments fail. ... Whatever the certworthiness of any First Amendment issue in this case, the Fifth Circuit has an alternative, independent ground for rejecting the injunction: it defies that court’s mandate."
NetChoice sued Fitch, a far-right Republican, arguing before a federal judge that age verification is unconstitutional. The judge issued a preliminary injunction barring Fitch's office from enforcing the age verification requirements in order to access social media.
However, the U.S. Fifth Circuit Court of Appeals blocked the preliminary injunction, ultimately permitting HB 1126's enforcement.
This order was issued on July 17. The NetChoice filing to the Supreme Court on July 21 seeks to overturn the Fifth Circuit's decision to temporarily block the injunction so litigation can advance before the U.S. District Court for the Southern District of Mississippi.
