Attorney General Chris Carr announced today a major victory in defense of Senate Bill 351, Georgia’s law requiring parental consent before social media platforms can enter into account agreements with kids aged 15 and younger.
Who challenged this law and why? The law was previously challenged by NetChoice, the social media industry’s trade association, and the district court issued a preliminary injunction blocking the law’s enforcement.
What is the timeline for this challenge? In 2024, the Georgia General Assembly passed a law requiring covered social media platforms to verify users' ages and, if under the age of 16, to secure parental consent before providing the child with an account.
NetChoice sued, alleging that SB 351 is unconstitutional and moving to block its enforcement. The district court issued a preliminary injunction on June 26, 2025, and AG Carr filed a notice of appeal immediately thereafter.
On October 15, 2026, the Eleventh Circuit vacated the preliminary injunction and sent the case back to district court for further proceedings.
What was the Court’s reason for its ruling? The Court held that NetChoice's First Amendment challenge failed because the trade association offered no evidence backing up its allegation that SB 351's enforcement would be unconstitutional.
The Court also reversed the district court's holdings that aspects of SB 351 were void for vagueness and preempted by Section 230.
What AG Chris Carr had to say about this verdict:
- “This is a major win for Georgia families and a huge blow to those who would stand in the way of commonsense solutions to protect our kids. We have said before — it shouldn’t take lawsuits, investigations, or legislation to do the right thing. This is about keeping our children safe from online predators and mental health harms. Nothing is more important.”
Further Context: The U.S. Court of Appeals for the Eleventh Circuit issued its opinion in AG Carr’s favor on Thursday, October 15, following oral arguments earlier this year.
With this ruling, the Eleventh Circuit vacated the prior preliminary injunction sought by NetChoice, paving the way for SB 351 to take full effect.
