A divided Sixth Circuit panel revived NetChoice's challenge to Tennessee's Protecting Children from Social Media Act, which requires age verification and parental consent for minors on platforms like Meta, X, Google and TikTok. The panel ruled 2-1 that a lower court improperly denied a preliminary injunction without weighing whether NetChoice was likely to win on the merits.
The law, in effect since January 2025, also mandates parental supervision tools like privacy controls and time limits. Tennessee's attorney general has argued NetChoice lacks standing to sue on behalf of minors, while the dissenting judge noted the state hasn't actually enforced the act against anyone yet.
The case now returns to the district court to sort out the injunction factors it skipped the first time. It's the second such minors' social media law to reach the Sixth Circuit this year, after a similar Ohio law survived an identical 2-1 vote in June.
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