Louisiana’s Secure Online Child Interaction and Age Limitation act, a social media law that requires social platforms to verify user ages and implement parental controls, has been struck down.
The before the buzzer decision was issued on Dec. 15, made just ahead of the act’s enforcement period by Louisiana regulators. The federal judge ruled in favor of tech trade lobbying group NetChoice, which has been constitutionally challenging age verification laws across the country. In April, NetChoice successfully blocked Arkansas’ Social Media Safety Act.
“The Act is at once under-inclusive and over-inclusive,” wrote judge John W. deGravelles in the Louisiana decision.
NetChoice joins other free speech advocates who argue sweeping age verification laws may pose large scale privacy risks, restrict access to protected speech, and chill open expression online. Online safety advocates, meanwhile, have pushed for social media regulation in the wake of widespread child exploitation and mental health concerns.
Louisiana was the first to enact such a law in 2023, and other states quickly followed suit. Currently, 25 U.S. states have some sort of age verification law on the books, with many focused on restricting access to online pornography. Most recently, Missouri began enforcing an age-gaiting law that requires user verification on sites with “one-third or more pornographic content” — Congress has discussed more than a dozen online safety acts in this month alone.
Louisiana Attorney General Liz Murrill has said she will appeal the ruling. Murrill has made social media regulation a priority of the state, including filing the first of a wave of new lawsuits against kids gaming platform Roblox. “The assault on children by online predators is an all-hands-on-deck problem. It’s unfortunate that the court chose to protect huge corporations that facilitate child exploitation over the legislative policy to require simple age verification mechanisms,” said Murrill.
