A tech company association is challenging a 2023 Louisiana law that requires social media companies to verify the ages of users so that minors can’t create accounts on such platforms unless their parents provide permission.
NetChoice filed the federal lawsuit on March 18 in the Middle District of Louisiana, arguing that the law – Senate Bill 162 – violates First Amendment principles by denying minors access to constitutionally protected communications on the internet.
“Louisiana is attempting to unconstitutionally restrict minors’ access to protected online speech – impairing adults’ access along the way,” the lawsuit states. “Louisiana Senate Bill 162’s … restrictions violate bedrock principles of constitutional law and precedent from across the nation.”
The complaint names state Attorney General Liz Murrill and Mike Dupree, director of the Public Protection Division of the Louisiana Department of Justice, as defendants. Murrill’s office declined to comment about the litigation.
NetChoice argues that the law’s age-verification requirement for all social media account holders flies in the face of the First Amendment. The law’s directive that minors must get parental permission to sign up for social media accounts also violates constitutional norms since the U.S. Supreme Court has previously ruled that government agencies cannot prohibit minors from accessing protected speech by imposing a parental-consent requirement, according to the lawsuit.
The tech company association has also criticized the law’s restrictions on displaying advertisements of interest to minors as an infringement on free speech.
“The restrictions are broad and undefined, potentially covering contextual ads – including ads for things like higher-education opportunities, military service and test preparation,” the complaint says.
NetChoice has labeled the law unconstitutionally vague in its definition of a social media company and calls on the court to enjoin the defendants and their agents or employees from enforcing the measure. In addition, the lawsuit seeks an award of attorney fees and court costs and a declaration that the law is preempted by federal law.
A NetChoice spokeswoman told the Louisiana Record that the association has also filed lawsuits to overturn similar laws in other states, including Mississippi, Ohio, Florida, Arkansas, Tennessee and Utah.
In Mississippi, “we obtained a preliminary injunction in 2024 against the law, which the state appealed to the Fifth Circuit,” Krista Chavez told the Record in an email. “We're confident the court will uphold the injunction there as well.”
And this week, NetChoice expects a ruling in an Ohio case involving a similar social media law that will determine if that law will be permanently enjoined.
The law allows the Public Protection Division to impose fines on social media companies for violations of the law of up to $2,500 per violation. The division can also file civil actions on behalf of aggrieved parties to obtain damages awards, according to the text of the law.
NetChoice contends SB 162 not only usurps the role of parents but also could result in cybersecurity issues because Louisiana residents would have to provide sensitive information to companies or third parties in order to verify ages and identifications, potentially leading to an upsurge in hacking threats.