Staff Reports
Georgia won a round in the fight over social media and kids. A federal appeals panel lifted the lower court’s block on the social‑media parts of SB 351, sending the case back to district court. That move clears the path for state enforcement unless tech companies get another court to stop it.
What the Eleventh Circuit actually did on SB 351
The three‑judge Eleventh Circuit panel vacated the district court’s preliminary injunction that had kept the law from being enforced. The panel said NetChoice had not shown it was likely to win a facial First Amendment challenge at this stage. The court rejected the lower court’s vagueness and Section 230 preemption holdings for purposes of a preliminary injunction and remanded the case for further proceedings.
What SB 351 requires — age verification and parental consent
SB 351 forces covered social platforms to use “commercially reasonable efforts” to verify ages, get express parental consent before kids under 16 can have accounts, and limit targeted ads to minors to basic data like age and location. The law gives the Georgia Attorney General exclusive enforcement power and includes a 90‑day cure window before civil fines up to $2,500 per uncured violation can be imposed.
Why this ruling matters: protecting kids vs. tech privacy claims
Attorney General Chris Carr hailed the decision as “a major win for Georgia families” and said it protects kids from online predators and mental‑health harms. NetChoice warned of a “treasure trove” of sensitive data from verification systems and said it will keep fighting. Both points matter, but let’s be frank: Big Tech’s reflexive defense of its razor‑thin privacy record shouldn’t outweigh commonsense protections for minors. If companies want nationwide access to children’s attention, they can build systems that prove ages without hoarding identities — or they can accept rules states pass to protect kids.
What comes next for SB 351 and social platforms
The case goes back to the Northern District of Georgia for more fact‑finding and legal argument consistent with the appeals panel’s guidance. NetChoice can ask for rehearing en banc, seek a stay, or eventually appeal to the Supreme Court. Meanwhile, platforms face a choice: build Georgia‑specific compliance tools, risk fines, or bluntly restrict service in the state. Expect a mix of legal filings, compliance plans, and public posturing. For parents tired of seeing teenagers sold to algorithmic advertising, this is a victory worth watching — and it isn’t over yet.
