Sixth Circuit Revives Challenge to Tennessee's Social Media Age Law
The Sixth Circuit reinstated NetChoice's challenge to Tennessee's minor-focused social media law.
Why it matters: This ruling sets a key precedent impacting how tech companies comply with age-based restrictions on social media access, balancing child protection and free speech rights.
- The Sixth Circuit vacated a lower court's injunction denial and remanded the case for further proceedings.
- Tennessee's law mandates social media platforms verify user ages and get parental consent for minors.
- NetChoice, representing Meta, Google, and TikTok, argues the law burdens free speech and business operations.
- Tennessee's Attorney General defends the law as vital to protecting children from social media harms.
The Sixth Circuit Court of Appeals has revived the legal challenge brought by NetChoice against Tennessee's Protecting Children from Social Media Act. The law requires social media companies to verify the ages of users, obtain parental consent before minors can create accounts, and provide parents with tools to supervise their children's social media use.
NetChoice, representing major tech companies like Meta, Google, and TikTok, contends that the law infringes on minors’ First Amendment rights and imposes costly compliance burdens on businesses. Paul Taske, Director of the NetChoice Litigation Center, said, "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."
The Sixth Circuit panel vacated a lower court's denial of a preliminary injunction against enforcing the law and sent the case back for further review, signaling that the challenge may proceed.
Conversely, Tennessee’s Attorney General Jonathan Skrmetti supports the law’s intent. He highlighted in a statement that the legislation is a minimal burden designed to shield children from proven harms linked to social media use. Tennessee Solicitor General Matt Rice argued, "The only thing preventing minors from accessing social media is these companies’ desire to maintain their ability to exploit kids through lopsided legal contracts."
This case underscores the ongoing legal debate over regulating social media access for minors, balancing child safety concerns with constitutional protections and the operational realities for tech companies.
By the numbers:
- 6th Circuit Court — revived NetChoice's challenge in 2026
- Protecting Children from Social Media Act — requires age verification and parental consent for minors
- Major tech firms represented by NetChoice — Meta, Google, TikTok
Yes, but: No concrete data is available on how Tennessee's law has impacted minors' social media use or how companies are implementing age verification and parental consent tools.
What's next: The lower court will now reconsider the preliminary injunction ruling, determining whether enforcement of Tennessee's law can proceed during ongoing litigation.