NetChoice to Appeals Court: Treat Case Like Others, Reject TN Social-Media Law
An appeals court in a months-long case challenging Tennessee's social-media law should approach its decision as other state courts have and reject the measure, NetChoice argued in a court document Friday.
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Courts elsewhere deciding on similar challenges have ruled “that an online platform is not barred by prudential standing when it asserts its users’ First Amendment rights, at least when the violation of those rights adversely affects the platform,” said the trade association, citing lawsuits it has brought in Ohio (see 2504160049), Georgia (see 2506260054), Mississippi (see 2506180051) and Florida (see 2506030057).
Additionally, NetChoice reiterated that Tennessee's HB-1891, which requires social media companies to verify the age of account holders, and gain parental consent from users younger than 18, is causing irreparable harm to its members.
The U.S. District Court for Middle Tennessee in June declined to block the law in case 3:24-cv-01191, which NetChoice then appealed to the 6th U.S. Circuit Court of Appeals (docket 25-5660) (see 2506200017).
Tennessee Attorney General Jonathan Skrmetti (R) has supported the law, saying that it's not based on content, so doesn’t violate the First Amendment (see 2510060047). More than 30 state attorneys general have supported Skrmetti in amicus briefs (see 2510140035).