EFF to Fifth Circuit: Age Verification Laws Will Hurt More Than They Help

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EFF, along with the ACLU and the ACLU of Mississippi, filed an amicus brief on Thursday asking a federal appellate court to continue to block Mississippi’s HB 1126—a bill that imposes age verification mandates on social media services across the internet.

Our friend-of-the-court brief, filed in the U.S. Court of Appeals for the Fifth Circuit, argues that HB 1126 is “an extraordinary censorship law that violates all internet users’ First Amendment rights to speak and to access protected speech” online.

HB 1126 forces social media sites to verify the age of every user and requires minors to get explicit parental consent before accessing online spaces. It also pressures them to monitor and censor content  on broad, vaguely defined topics—many of which involve constitutionally protected speech. These sweeping provisions create significant barriers to the free and open internet and “force adults and minors alike to sacrifice anonymity, privacy, and security to engage in protected online expression.” A federal district court already prevented HB 1126 from going into effect, ruling that it likely violated the First Amendment.

Blocking Minors from Vital Online Spaces

At the heart of our opposition to HB 1126 is its dangerous impact on young people’s free expression. Minors enjoy the same First Amendment right as adults to access and engage in protected speech online.

“No legal authority permits lawmakers to burden adults’ access to political, religious, educational, and artistic speech with restrictive age-verification regimes out of a concern for what minors might see. Nor is there any legal authority that permits lawmakers to block minors categorically from engaging in protected expression on general purpose internet sites like those regulated by HB 1126.”

Social media sites are not just entertainment hubs; they are diverse and important spaces where minors can explore their identities—whether by creating and sharing This article has been indexed from Deeplinks

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