Georgia may enforce a law requiring social media platforms to verify users’ ages and obtain parental permission before allowing children younger than 16 to hold accounts, after a federal appeals court lifted an injunction Thursday.
A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit vacated the June 2025 preliminary injunction against Senate Bill 351. The judges said NetChoice, a technology trade association, had not shown it was likely to succeed on its facial First Amendment, vagueness or federal preemption claims.
The ruling does not end the lawsuit or declare the law constitutional. The panel said NetChoice failed to analyze the full range of platforms and speech covered by the statute, as required for a facial challenge. The case returns to U.S. District Judge Amy Totenberg in Atlanta.
Under Georgia law, covered platforms must make “commercially reasonable efforts” to verify account holders’ ages or apply protections for minors to all users. They must obtain express parental or guardian consent for users younger than 16 and cannot target those minors with advertisements based on personal information other than age and location.
The attorney general has exclusive enforcement authority. Companies may face penalties of up to $2,500 for each violation left uncured after a 90-day notice period.
Attorney General Chris Carr called the decision a major victory for families and said the restrictions address online predators and mental health harms. NetChoice said the appeals court did not decide the law’s ultimate constitutionality. The group is evaluating its next steps and argues mandatory age checks burden anonymous speech and put personal information at risk.
Totenberg previously found the provisions likely violated free-speech rights by creating barriers to online expression for adults and minors. The appellate decision removes that temporary block while the underlying constitutional fight continues.
