Sixth Circuit revives tech group’s challenge to Tennessee social media law

The law seeks to ban those under 18 from accessing social media without parental consent.(CN) — A Sixth Circuit panel on Friday reinstated a tech industry trade group’s challenge to a Tennessee law requiring age verification and parental consent for minors on social media.The 2-1 decision by a three-judge panel vacates a Nashville-based federal court’s order denying a preliminary injunction to trade group NetChoice.Writing for the majority, U.S. Circuit Judge Alice Batchelder said NetChoice claimed injuries — including the cost of compliance with the law and freedom of speech violations — need not be already underway for a party to seek relief.“The act’s enforcement mechanism, combined with [Tennessee Attorney General Jonathan] Skrmetti’s statements made in the course of this litigation, indicate that NetChoice’s alleged harm — if arising from an actual violation of its members’ rights — is ’likely, not remediable at final judgment, and immediate,’” the George H.W. Bush appointee wrote.Tennessee’s Protecting Children from Social Media Act, which went into effect in January 2025, requires interactive web platforms to verify user ages and obtain explicit parental consent before allowing users under 18 to create accounts.The act also requires social media companies provide a minor account holder’s parents with supervision features, including options to view privacy settings, set time limits and implement breaks.NetChoice — a trade association representing tech giants like Meta, X, Google and TikTok — sued Skrmetti in October 2024 to block the act’s enforcement.NetChoice argues the mandate infringes on online free speech rights for minors and burdens businesses with compliance costs.State attorneys have argued in this and in similar cases that NetChoice has no standing to bring legal action on behalf of the rights of children, and Skrmetti has long held that minors’ use of social media has negatively affected their social lives, schoolwork, sleep, sports, reading and other hobbies.U.S. District Judge Eli Richardson previously denied NetChoice’s motion for a preliminary injunction in June 2025, concluding the group failed to prove that loss of First Amendment liberties or unrecoverable costs constituted an immediate harm.The Donald Trump appointee dismissed the motion without weighing whether NetChoice was likely to succeed on the merits of its case, which Batchelder said was improper.The Sixth Circuit panel stopped short of deciding itself whether Tennessee’s law should be immediately blocked, instructing the federal court to assess the remaining preliminary injunction factors, including NetChoice’s likelihood of success on the merits and public interest.U.S. Circuit Judge Kevin Ritz, a Joe Biden appointee, joined Batchelder in the majority, while U.S. Circuit Judge Eric Clay dissented, arguing NetChoice failed to demonstrate imminent threat of harm.“NetChoice has not shown that Tennessee has enforced the act or sent enforcement letters to any member,” the Bill Clinton appointee said in his dissent. “NetChoice alludes to Skrmetti’s enforcement of a similar law against a member but does not explain why that fact has any bearing on Skrmetti’s intentions with respect to this act. The act does not contain a private right of action making enforcement more likely.”Friday’s ruling marks the second case before the Sixth Circuit on social media limits for minors. An identical panel ruled 2-1 in June that NetChoice failed to prove a similar law passed in Ohio is unconstitutional.NetChoice celebrated the ruling in a press release Friday as a clear victory for First Amendment rights.“Tennesseans should not be forced to hand over their private information simply to access news, watch videos, connect with friends or engage in lawful speech online. We are pleased the Sixth Circuit recognized the serious harms posed by Tennessee’s law, and we look forward to defending free speech, privacy and parental rights as our case returns to district court,” Paul Taske, Director of the NetChoice Litigation Center, said in the release.The Tennessee Attorney General’s Office did not respond to an initial request for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads