Sixth Circuit: NetChoice Tennessee Social Media Law Challenge Reinstated

• The Sixth Circuit Court of Appeals reinstated NetChoice's challenge to Tennessee's social media age verification law, vacating a lower court's denial of a preliminary injunction.
• The Tennessee Protecting Children from Social Media Act, effective January 2025, requires age verification and parental consent for minors under 18 to use social media, along with parental supervision features.
• The appeals court majority, led by Senior U.S. Circuit Judge Alice Batchelder, ruled that NetChoice's claimed harms did not need to be actively occurring to seek relief and that the lower court erred by not assessing the likelihood of success on the merits.
• The case has been sent back to the federal district court to fully evaluate NetChoice's request for a preliminary injunction, including the likelihood of success on the merits and public interest.
• This ruling creates ongoing uncertainty for tech companies regarding compliance with age verification and parental consent requirements in Tennessee.

Compliance officers and legal counsel for social media platforms should closely monitor the renewed preliminary injunction proceedings, as the outcome will dictate potential operational changes and compliance costs related to age verification and parental consent requirements for minors.

A federal appeals court has reinstated a legal challenge against Tennessee's law requiring age verification and parental consent for minors on social media. In a 2-1 decision, a three-judge panel of the Sixth Circuit Court of Appeals vacated a lower court's order that had denied a preliminary injunction sought by NetChoice, a prominent tech industry trade group. This ruling means the legal challenge to Tennessee's social media age verification law is back on track, creating continued uncertainty for tech companies operating in the state.

The Sixth Circuit's decision sends the case back to the Nashville-based federal court, instructing it to re-evaluate NetChoice's request for a preliminary injunction. The original denial, issued by U.S. District Judge Eli Richardson in June 2025, had concluded that NetChoice failed to demonstrate immediate harm from the law. NetChoice, which represents major tech companies including Meta, X, and Google, initially filed its lawsuit in October 2024, aiming to block the enforcement of the Tennessee Protecting Children from Social Media Act.

The Tennessee Protecting Children from Social Media Act, slated to go into effect in January 2025, mandates that interactive web platforms verify the age of their users. For individuals under 18, the law requires explicit parental consent before they can create an account. Beyond age verification and consent, the act also compels social media companies to provide parents of minor account holders with specific supervision features. These features include the ability to view privacy settings, establish time limits for usage, and implement breaks from the platform.

NetChoice contends that these requirements infringe upon the online free speech rights of minors and impose significant compliance costs on businesses. Conversely, Tennessee Attorney General Jonathan Skrmetti has argued that NetChoice lacks standing to bring legal action on behalf of children's rights. Skrmetti has consistently maintained that minors' engagement with social media has detrimental effects on various aspects of their lives, including their social interactions, academic performance, sleep patterns, participation in sports, reading habits, and other hobbies.

Writing for the majority, Senior U.S. Circuit Judge Alice Batchelder, a George H.W. Bush appointee, clarified that NetChoice's claimed injuries, such as the financial burden of compliance and potential violations of free speech, do not need to be actively occurring for a party to seek relief. Judge Batchelder, joined by U.S. Circuit Judge Kevin Ritz, a Joe Biden appointee, stated that the law's enforcement mechanism, coupled with Attorney General Skrmetti’s public statements during the litigation, indicates that any harm to NetChoice members' rights would be "likely, not remediable at final judgment, and immediate." The majority also found that District Judge Richardson, a Donald Trump appointee, improperly dismissed the preliminary injunction motion without assessing NetChoice's likelihood of success on the merits of its case.

While the Sixth Circuit panel did not itself decide whether Tennessee's law should be immediately blocked, it directed the federal court to evaluate the remaining preliminary injunction factors, including NetChoice’s probability of prevailing on the merits and the public interest. U.S. Circuit Judge Eric Clay, a Bill Clinton appointee, dissented from the majority opinion. Judge Clay argued that NetChoice had not adequately demonstrated an imminent threat of harm, noting that Tennessee had not yet enforced the act or issued enforcement letters to any member companies. He further pointed out that the act does not include a private right of action, which he suggested would make enforcement less likely.

This recent decision marks the second instance where the Sixth Circuit has addressed social media restrictions for minors. In June, an identical panel ruled 2-1 against NetChoice, finding that the group failed to prove a similar law passed in Ohio was unconstitutional. The current ruling, however, represents a procedural victory for NetChoice, which celebrated the outcome as a clear affirmation of First Amendment rights. The organization stated that Tennesseans should not be compelled to surrender their private information simply to access news, watch videos, connect with friends, or engage in lawful online expression.

Compliance officers and legal counsel for social media platforms should closely monitor the renewed preliminary injunction proceedings, as the outcome will dictate potential operational changes and compliance costs related to age verification and parental consent requirements for minors. The reinstatement of the preliminary injunction challenge ensures that the legal battle over the Tennessee Protecting Children from Social Media Act will continue, leaving the future of age verification and parental consent mandates in the state uncertain for the foreseeable future.

This ruling means the legal challenge to Tennessee's social media age verification law is back on track, creating continued uncertainty for tech companies operating in the state. Compliance officers and legal counsel for social media platforms should closely monitor the renewed preliminary injunction proceedings, as the outcome will dictate potential operational changes and compliance costs related to age verification and parental consent requirements for minors.

Source: Original reporting via Courthouse News