A federal judge has temporarily blocked Georgia’s Protecting Georgia’s Children on Social Media Act (SB 351), which would have required social media platforms to verify users’ ages and obtain parental consent for those under 16.
The law was signed into effect by Governor Brian Kemp on April 23, 2024, following broad bipartisan approval in the General Assembly and backing from Republican Lt. Gov. Burt Jones, who called children’s safety “a parent’s number one priority.”
On June 26, U.S. District Judge Amy Totenberg, appointed by President Barack Obama, issued a preliminary injunction in NetChoice v. Carr, arguing that the law likely violates the First Amendment.
Totenberg reasoned that although concerns about social media’s impact on youth are valid, they do “not outweigh the constitutional violation,” and she described the age-verification requirement as placing “severe burdens” on Georgia residents’ speech rights.
Big Tech Pushes Back Against Parental Oversight
The challenge was brought by NetChoice, a trade association representing Big Tech names including Meta, YouTube, Reddit, X, and Pinterest. Chris Marchese, NetChoice’s Director of Litigation, said, “Free expression doesn’t end where government anxiety begins. Parents, not politicians, should guide their children’s lives online and offline.” Paul Taske, also from NetChoice, emphasized the constitutional stakes, calling SB 351 “unconstitutional” and arguing it would not keep anyone safer.
State Senator Jason Anavitarte, one of the bill’s sponsors, defended the legislation as a way to “empower parents to have greater control over the content that a lot of minors are accessing.” Attorney General Chris Carr has affirmed the state’s intent to appeal, vowing to “defend common-sense measures that empower parents and protect our children online.”
Cobb County Left Waiting as Legal Fight Plays Out
In Cobb County, the impact is immediate. Without the law in effect, local parents and schools remain without a state-backed system to require age checks or parental approval on social media platforms. That may undermine efforts already underway in schools to address screen time, cyberbullying, and students’ mental health. Cobb educators and parents worry that rising incidents of online harassment and distraction won’t have any new guardrails to rely on.
Judge Totenberg’s Background Raises Questions
Sidebar: Who Is Judge Amy Totenberg?
- Appointed by President Barack Obama
- Sister of NPR’s Nina Totenberg
- U.S. District Judge for the Northern District of Georgia
- Known for rulings that have blocked conservative-backed laws in Georgia
Georgia Joins Growing List of States Facing Legal Delays
With the injunction in place, Georgia joins several other states, like Arkansas, Ohio, Utah, and Florida, where similar laws are on hold due to legal challenges, largely led by NetChoice. For now, Georgia’s social media age-verification mandate remains in limbo as the legal battle continues.
