EFF to Fifth Circuit: Age Verification Laws Will Hurt More Than They Help
EFF, along with the ACLU and the ACLU of Mississippi, filed an amicus brief on Thursday asking a federal appellate court to continue to block Mississippi’s HB 1126—a bill that imposes age verification mandates on social media services across the internet.
Our friend-of-the-court brief, filed in the U.S. Court of Appeals for the Fifth Circuit, argues that HB 1126 is “an extraordinary censorship law that violates all internet users’ First Amendment rights to speak and to access protected speech” online.
HB 1126 forces social media sites to verify the age of every user and requires minors to get explicit parental consent before accessing online spaces. It also pressures them to monitor and censor content on broad, vaguely defined topics—many of which involve constitutionally protected speech. These sweeping provisions create significant barriers to the free and open internet and “force adults and minors alike to sacrifice anonymity, privacy, and security to engage in protected online expression.” A federal district court already prevented HB 1126 from going into effect, ruling that it likely violated the First Amendment.
Blocking Minors from Vital Online Spaces
At the heart of our opposition to HB 1126 is its dangerous impact on young people’s free expression. Minors enjoy the same First Amendment right as adults to access and engage in protected speech online.
“No legal authority permits lawmakers to burden adults’ access to political, religious, educational, and artistic speech with restrictive age-verification regimes out of a concern for what minors might see. Nor is there any legal authority that permits lawmakers to block minors categorically from engaging in protected expression on general purpose internet sites like those regulated by HB 1126.”
Social media sites are not just entertainment hubs; they are diverse and important spaces where minors can explore their identities—whether by creating and sharing art, practicing religion, or engaging in politics. As our brief explains, minors’ access to these online spaces “is essential to their growth into productive members of adult society because it helps them develop their own ideas, learn to express themselves, and engage productively with others in our democratic public sphere.”
Social media also “enables individuals whose voices would otherwise not be heard to make vital and even lifesaving connections with one another, and to share their unique perspectives more widely.” LGBTQ+ youth, for example, turn to social media for community, exploration, and support, while others find help in forums that discuss mental health, disability, eating disorders, or domestic violence.
HB 1126’s age-verification regime places unnecessary barriers between young people and these crucial resources. The law compels platforms to broadly restrict minors’ access to a vague list of topics—the majority of which concern constitutionally protected speech—that Mississippi deems “harmful” for minors.
First Amendment Rights: Protection for All
The impact of HB 1126 is not limited to minors—it also places unnecessary and unconstitutional restrictions on adults’ speech. The law requires all users to verify their age before accessing social media, which could entirely block access for the millions of U.S. adults who lack government-issued ID. Should a person who takes public transit every day need to get a driver’s license just to get online? Would you want everything you do online to be linked to your government-issued ID?
HB 1126 also strips away users’ protected right to online anonymity, leaving them vulnerable to exposure and harassment and chilling them from speaking freely on social media. As our brief recounts, the vast majority of internet users have taken steps to minimize their digital footprints and even to “avoid observation by specific people, organizations, or the government.”
“By forcibly tying internet users’ online interactions to their real-world identities, HB 1126 will chill their ability to engage in dissent, discuss sensitive, personal, controversial, or stigmatized content, or seek help from online communities.”
Online Age Verification: A Privacy Nightmare
Finally, HB 1126 forces social media sites to collect users’ most sensitive and immutable data, turning them into prime targets for hackers. In an era where data breaches and identity theft are alarmingly common, HB 1126 puts every user’s personal data at risk. Furthermore, the process of age verification often involves third-party services that profit from collecting and selling user data. This means that the sensitive personal information on your ID—such as your name, home address, and date of birth—could be shared with a web of data brokers, advertisers, and other intermediary entities.
“Under the plain language of HB 1126, those intermediaries are not required to delete users’ identifying data and, unlike the online service providers themselves, they are also not restricted from sharing, disclosing, or selling that sensitive data. Indeed, the incentives are the opposite: to share the data widely.”
No one—neither minors nor adults—should have to sacrifice their privacy or anonymity in order to exercise their free speech rights online.
Courts Continue To Block Laws Like Mississippi’s
Online age verification laws like HB 1126 are not new, and courts across the country have consistently ruled them unconstitutional. In cases from Arkansas to Ohio to Utah, courts have struck down similar online age-verification mandates because they burden users’ access to, and ability to engage with, protected speech.
While Mississippi may have a legitimate interest in protecting children from harm, as the Supreme Court has held, “that does not include a free-floating power to restrict the ideas to which children may be exposed.” By imposing age verification requirements on all users, laws like HB 1126 undermine the First Amendment rights of both minors and adults, pose serious privacy and security risks, and chill users from accessing one of the most powerful expressive mediums of our time.
For these reasons, we urge the Fifth Circuit to follow suit and continue to block Mississippi HB 1126.
