Tennessee Attorney General Jonathan Skrmetti filed a robust brief in the U.S. Court of Appeals for the Sixth Circuit on Friday, staunchly defending the state’s Protecting Children from Social Media Act against a legal challenge brought by tech industry trade organization NetChoice.
The filing argues that the federal district court was correct in denying NetChoice’s request for emergency relief, thereby allowing the “common-sense law empowering parents” to remain in effect.
NetChoice, which represents major tech firms including Google, Meta, Pinterest, Snapchat, and X, sued Tennessee in October 2024 to block the Act’s core provisions.
The Tennessee law, which took effect on January 1, 2025, mandates three key protections aimed at mitigating the documented harms of social media use on children:
- Age Verification and Parental Consent: Social media companies must verify the age of new users and obtain express parental consent before allowing minors (individuals reasonably believed to be under 18) to create an account. This provision applies only to accounts created on or after the effective date.
- Parental Supervision: Companies must provide parents with tools to supervise, modify, and deactivate their child’s account, including the ability to view privacy settings, set daily time restrictions, and implement breaks.
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The brief highlights that the law is a necessary response to the “crisis” fueled by social media, citing mounting research that confirms a “dramatic increase in teen mental illness” linked to the platforms.
This includes a more than doubling of major depressive disorders among teens between 2010 and 2022, and a 281% increase in emergency department admissions for self-harm among 10-to-14-year-old girls since 2010.
State’s Argument: Protecting Kids, Not Controlling Speech
Attorney General Skrmetti emphasized that the Act is a conduct-based regulation focused on protecting children and the ability of parents to oversee their kids online, not an infringement on speech rights.
“Tennessee’s law requires social media companies to implement common-sense features that let parents protect their kids. The law does not control what anyone can say or not say online,” said Attorney General Skrmetti. “The harms social media causes kids are well-documented. Regardless of how much time and money Big Tech spends fighting against meaningful parental tools, Tennessee will continue to look out for our kids and their parents.”
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The brief further details how the platforms’ “intentionally addictive” nature devastates children’s well-being and exposes them to threats like cyberbullying, sexual predators, and human traffickers. It argues that tech giants “have little interest in developing tools to moderate minors’ access” because “fewer eyeballs mean less profits.”
The State asserts that the law survives constitutional scrutiny because it addresses the non-expressive conduct of platform operation and contracting with minors, interests which have a “longstanding tradition” in American law.
NetChoice’s Challenge and The Court’s Discretion
NetChoice’s lawsuit and its appeal of the district court’s denial for a preliminary injunction claim the Act violates the First Amendment.
The State’s brief counters this by arguing that NetChoice failed to prove the required “imminent, irreparable harm” necessary for extraordinary relief. The Attorney General’s office noted that the Act has been in effect for nearly a year without any enforcement action being taken, and state law requires a ten-day notice before any legal proceedings are instituted.
The ongoing legal battle will now proceed through the Sixth Circuit, where the court will decide whether to uphold the lower court’s denial of the injunction and allow the Tennessee law to continue protecting children from the risks of unmonitored social media access.
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