The 5th U.S. Circuit Court of Appeals should affirm a lower court’s decision that blocks Mississippi’s social media age-verification law because it violates the First Amendment, the American Civil Liberties Union, the Electronic Frontier Foundation, Chamber of Progress and other groups argued in filings Thursday (docket 24-60341). The amici filed in support of NetChoice, which won a preliminary injunction against the law from the U.S. District Court for Southern Mississippi on July 1 (see 2407160038). The ACLU and EFF filed a joint brief, arguing that online age verification blocks access to protected speech for millions of adults who lack proof of identification. Users have a right to be anonymous online, and age-verification requirements force people to put sensitive data at risk of inadvertent disclosure in data breaches, they said. Chamber of Progress filed with LGBT Tech, the Woodhull Freedom Foundation and the Coalition for Responsible Home Education. Minors don’t “shed their First Amendment rights at the gateway to the internet,” they said: Their participation in the “marketplace of ideas,” which includes unpopular ideas, is “essential to a functioning democracy.” The Foundation for Individual Rights and Expression argued that legal precedent requires government to show there isn’t a “less restrictive alternative” to achieving its objective, and Mississippi hasn’t shown the new law is the “least restrictive means of addressing concerns about young peoples’ use of social media.”

Conservatives were more likely than liberals to be suspended on Twitter during the 2020 election, but they were also more likely to share lower-quality news articles on the platform, researchers said in a study released Wednesday. Scholars from Oxford University, MIT, Yale and Cornell examined accounts sharing hashtags supporting then-Republican nominee Donald Trump and then-Democratic nominee Joe Biden. Accounts sharing #Trump2020 during the election were 4.4 times “more likely to have been subsequently suspended” than those that shared #VoteBidenHarris2020, the study said. About 4.5% of users who shared Biden hashtags “had been suspended as of July 2021” compared to 19.6% of users who shared Trump hashtags, researchers said. Journalists and fact-checkers rated the quality of news websites for the study, ranging from mainstream and hyper-partisan to “fake news.” Conservative social media shares included content from sites like Breitbart, Daily Caller, Daily Wire, InfoWars, NewsMax and Red State. Statistics for users using a Trump hashtag showed 50,973 shares from Fox News, 47,841 shares from Breitbart, 38,692 shares from New York Post, 10,719 shares from Daily Mail and 9,968 shares from Daily Caller. Breitbart and Daily Caller were identified as hyper-partisan outlets in the study. Statistics for Biden supporters showed 33,604 shares from The New York Times, 28,488 shares from CNN, 20,759 shares from Raw Story, 6,639 shares from CBS News and 5,715 shares from USA Today. Raw Story was labeled as hyper-partisan in the study.

Tennessee’s social media age-verification law should be blocked because it violates the First Amendment, NetChoice said Thursday, filing a lawsuit with the U.S. District Court for the Middle District of Tennessee. Tennessee’s HB-1891 violates the Constitution in the same way as laws in California, Arkansas, Ohio, Mississippi, Texas and Utah, the association said. “HB 1891 would prevent Tennesseans -- minors and adults alike -- from discussing politics, catching up with friends, or reading the news online unless they surrender their sensitive personal data first,” said Litigation Center Associate Director Paul Taske. “Not only does this violate the First Amendment, but it also endangers the security of all Tennesseans, particularly children by creating a data target for hackers and criminals.” The Computer & Communications Industry Association wrote Gov. Bill Lee (R) in April, seeking a veto of the measure. HB-1891 holds social media platforms liable for failing to verify age, but it also tells companies to delete the information, which leaves them without a “means to document their compliance,” said CCIA.

Government officials should disclose their schedules except in limited circumstances when doing so might compromise their safety, former FCC Commissioner Mike O’Rielly said Thursday, responding to criticism of FTC Chair Lina Khan. “Why aren't public officials' schedules made publicly available?” he said. “I asked and advocated long ago that they be, especially travel. Except in limited instances of security, make officials post them to the Internet!” FTC spokesman Douglas Farrar on Wednesday defended Khan’s upcoming appearances with Democratic lawmakers. She regularly attends “official events at the request of Members of Congress” and abides by the rules governing her role as chair, he said. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., on Wednesday claimed Khan is improperly campaigning on behalf of Vice President Kamala Harris (see 2410020046). Farrar noted Khan in 2024 attended “at least a dozen official events where Members of Congress invited her to listen to their constituents, because every community has a stake in fair competition.” Khan “speaks often about the importance of hearing from Americans across the country, because that’s how to best understand the way markets actually work,” he said.

It’s “unacceptable” for FTC Chair Lina Khan to appear at upcoming policy events and use her position to “campaign” for Vice President Kamala Harris, House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., said Wednesday. The lawmaker cited a report about Khan’s upcoming appearance with Sen. Bernie Sanders, I-Vt., and Rep. Greg Casar, D-Texas, at a policy event focused on “corporate power.” Khan is also reportedly set to appear at three other events with Reps. Raja Krishnamoorthi, D-Ill.; Mark Pocan, D-Wis.; and Ruben Gallego, D-Ariz., in their respective states. Gallego is running for a Senate seat. Civil-service employees at federal agencies are prohibited from participating in political activity under the Hatch Act. Rodgers said Khan should “release her upcoming public schedule immediately. Using her position—at an independent agency—to campaign for @VP is unacceptable and furthers my serious concerns that the @FTC is heading in the wrong direction & losing independence.” The agency declined comment. Khan’s three-year term as chair expired on Sept. 25. Khan can remain in her position until she steps down or is replaced.

The 5th U.S. Circuit Court of Appeals should affirm a district court’s decision that blocks Mississippi’s social media age-verification law, TechFreedom said Tuesday in a brief supporting the tech industry (see 2409260053). Requiring that platforms verify age will chill online speech and violates the First Amendment, TechFreedom said. “Age verification requires identifying information, such as a user’s government-issued ID or a biometric scan of a user’s face,” Appellate Litigation Director Corbin Barthold said Wednesday. “Simply put, Mississippi is pressuring users to submit to invasive data collection.”

DOJ on Monday declined to comment on former President Donald Trump’s promise to request an investigation of Google’s “illegal” bias should he win the presidency in November. The Republican nominee posted to Truth Social Friday claiming Google has “illegally used a system of only revealing and displaying bad stories about Donald J. Trump, some made up for this purpose while, at the same time, only revealing good stories about Comrade Kamala Harris.” He recommended the department “criminally prosecute” Google for “blatant” election interference. “If not, and subject to the Laws of our Country, I will request their prosecution, at the maximum levels, when I win the Election, and become President of the United States!” His post came two days after the conservative Media Research Center issued a report claiming Google is favoring Democratic nominee Vice President Kamala Harris’ campaign. In a statement, Google dismissed the report’s findings: “Both campaign websites consistently appear at the top of Search for relevant and common search queries. This report looked at a single rare search term on a single day a few weeks ago, and even for that search, both candidates’ websites ranked in the top results on Google.” The Trump and Harris campaigns didn’t comment Monday.

Kids’ online safety bills at the federal and state levels are creating compliance concerns with their vague language that potentially runs afoul of the First Amendment, a compliance attorney said Friday. Mark Brennan, a tech and telecom attorney with Hogan Lovells, told a webinar that bills like the Kids Online Safety Act (KOSA), which passed the Senate and the House Commerce Committee (see 2409230044), presents a legal framework with a lot of compliance “mystery.” He noted federal courts have ruled similar state-level bills are unconstitutional. The Computer & Communications Industry Association and NetChoice are leading several tech industry challenges against state laws around the country, including measures in Texas, Florida, Mississippi and Georgia (see 2409260053, 2409260062 and 2407170046). The knowledge standard contemplated in KOSA effectively tells companies they don’t necessarily need to verify age, but they’re also subject to “significant penalties” for harms minors suffer when interacting on platforms, said Brennan. It creates an environment where companies feel like they “have no choice but to verify" the age of all users, not just minors. Tech associations have argued age-verification requirements are a First Amendment violation because of their impact on access to protected speech.

Mississippi’s social media age-verification law is unconstitutional because it places a “government-mandated” barrier blocking access to protected speech, NetChoice argued Thursday before the 5th U.S. Circuit Court of Appeals (see 2408010054). HB-1126 disfavors social speech in relation to professional speech and media-driven speech, the trade association said. NetChoice won a preliminary injunction against the law from the U.S. District Court for Southern Mississippi on July 1 (see 2407160038), and Mississippi Attorney General Lynn Fitch (R) appealed.

The 11th U.S. Circuit Court of Appeals should reverse a district court injunction against a Georgia anti-retail-theft law because the tech industry failed to show federal law preempts the measure, Georgia Attorney General Christopher Carr (R) argued Wednesday (docket 24-12273). Gov. Brian Kemp (R) signed the Combating Organized Retail Crime Act (Act 564) May 6. It requires that e-commerce platforms like Facebook Marketplace and Craigslist verify information about high-volume sellers to prevent online sales of stolen goods, with a specific focus on under-the-radar cash transactions. U.S. District Judge Steven Grimberg in July granted NetChoice’s request for preliminary injunction. Grimberg found the Inform Consumers Act, a 2023 federal law that imposes similar verification requirements on high-volume sellers, preempts Act 564. The state measure conflicts with the federal law’s language limiting its applications to transactions that “only” take place through the online marketplace in question, the judge found. Carr argued NetChoice can’t show that it’s impossible for companies to comply with both the federal and state laws. The Georgia law “slightly differs” from the federal law when it broadens the category of “discrete sales.” Georgia’s “slightly broader monitoring obligations go beyond federal regulation, not against federal regulation,” he argued. “They are complementary, there is no conflict.” NetChoice said in July that Act 564 “violates federal law and the Supremacy Clause, smothering Georgia’s thriving businesses with red tape.”