Mississippi’s Age-Verification Digital ID Law is Declared Unconstitutional

A Mississippi state law (introduced as House Bill 1126) that, among other things, requires platforms to implement age verification, has been declared as by and large unconstitutional by the US District Court for the Southern District of Mississippi.

The law was challenged by Big Tech trade group NetChoice in the NetChoice v. Fitch lawsuit. As the law was to come into force on July 1, the plaintiff asked for a preliminary injunction to prevent enforcement.

This has now been granted in part and denied in part by the district court, which found that “a substantial number, if not all, of H.B. 1126’s applications are unconstitutional judged in relation to its legitimate sweep.”

We obtained a copy of the decision for you here.

Observers now expect to see how the ruling might satisfy the – apparent – direction the Supreme Court is giving to lower courts, or affect its own future decisions.

Meanwhile, the Mississippi law is yet another in a series of legislative efforts introduced under the banner of protecting children from predatory behavior online. As summed up by the court, one of the bill’s sections requires “all users” – adults and children – to verify their age.

This would be necessary to create an account, on what is referred to as non-excluded internet services, while another provision calls for parental consent in case a minor is opening that account.

“This burdens adults’ First Amendment rights, and that alone makes it overinclusive,” is how the court explained its ruling against age verification.

🔗SOURCE ➡️ ReclaimTheNet

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