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Eleventh Circuit allows Georgia to enforce social media age-verification law

Eleventh Circuit allows Georgia to enforce social media age-verification law

Rule Changes

Appeals court vacates injunction blocking parental consent requirement for minors' accounts

Today: Eleventh Circuit vacates injunction

Overview

Updated 57 minutes ago

Georgia can now enforce its law requiring social media platforms to verify users' ages and get parental consent before minors under 16 create accounts. The Eleventh Circuit Court of Appeals vacated a preliminary injunction that had blocked the social media provisions since June 2025.

The panel rejected NetChoice's arguments that the law was unconstitutionally vague, violated the First Amendment, or was preempted by Section 230 of the Communications Decency Act. The case returns to district court for a ruling on the merits.

Why it matters

If the law survives, platforms must verify ages and get parental consent for Georgia users under 16, or face penalties.

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Key Indicators

8
States with similar laws blocked
Georgia plus seven other states, per AP reporting
16
Months law was blocked
Preliminary injunction ran from June 2025 to October 2026
90 days
Notice period before enforcement
Attorney General must give 90 days' notice before enforcing the law

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People Involved

Organizations Involved

Timeline

April 2024 October 2026

5 events Latest: Today
Tap a bar to jump to that date
  1. Georgia signs SB 351 into law

    Legislation

    Governor signs the Protecting Georgia's Children on Social Media Act, requiring age verification and parental consent for minors' accounts.

Scenarios

1

NetChoice takes case to full Eleventh Circuit or Supreme Court

Possible Resolves by Q2 2027

Discussed by: Legal observers following the case

NetChoice could ask the full Eleventh Circuit to rehear the case, arguing the panel erred on the First Amendment analysis. If denied, it could petition the Supreme Court.

2

District court upholds Georgia's law on the merits

Possible Resolves by End of 2027

Discussed by: Georgia Attorney General's office

The case returns to Judge Totenberg, who rules on the merits. The Eleventh Circuit's reasoning could guide her analysis, though she could still find problems with the law on a fuller record.

3

District court strikes down Georgia's law on the merits

Possible Resolves by End of 2027

Discussed by: NetChoice and civil liberties groups

On a fuller record, the district court could still find the law unconstitutional, perhaps on as-applied grounds or based on evidence about how platforms operate.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

June 1997

Reno v. ACLU (1997)

The Supreme Court struck down the Communications Decency Act's provisions criminalizing indecent speech online, ruling that internet speech deserves full First Amendment protection.

Then

The CDA's indecency provisions were voided.

Now

Established that content-based restrictions on internet speech face strict scrutiny.

Why this matters now

The case set the framework courts use to evaluate internet content regulation, including state age-verification laws.

2023-2024

State social media laws wave (2023-2024)

Utah, Louisiana, Florida, and other states passed laws restricting minors' access to social media. Federal courts blocked several of them before they took effect.

Then

Most were enjoined by preliminary injunctions.

Now

The Eleventh Circuit's ruling in the Georgia case could influence similar challenges in other circuits.

Why this matters now

Georgia's SB 351 is part of this wave, and the Eleventh Circuit's decision is a significant development for states seeking to enforce such laws.

Sources

(9)