NetChoice, a prominent tech industry group, has filed a lawsuit in federal court against a new Mississippi law that requires users of websites and digital services to verify their age. The law, which is set to become effective on July 1st (HB1126), is designed to protect children from sexually explicit material. However, NetChoice argues that it will unconstitutionally restrict access to online speech for both minors and adults.

The Mississippi law, passed without opposition in the Republican-controlled House and Senate, was signed by Republican Governor Tate Reeves on April 30. Despite the legislature’s unanimous support, the law faces significant legal challenges from NetChoice, whose members include major tech companies such as Google, Snapchat, and Meta (parent company of Facebook and Instagram).

NetChoice’s lawsuit, filed in the federal court in Jackson, asserts that the new law violates the First Amendment by mandating age verification for accessing and engaging in protected speech. The complaint emphasizes that requiring individuals to provide personal information or identification as a precondition to access online content infringes upon their freedom of speech.

“The Mississippi law mandates that minors and adults alike verify their ages — which may include handing over personal information or identification that many are unwilling or unable to provide — as a precondition to access and engage in protected speech,” the lawsuit states. “Such requirements abridge the freedom of speech and thus violate the First Amendment.”

The lawsuit also criticizes the law for replacing voluntary content-moderation efforts by websites with state-mandated censorship. It points out the potentially broad impact of the law, suggesting it could lead to the censorship of a wide range of content, from classic literature like “Romeo and Juliet” and “The Bell Jar” to modern media such as Taylor Swift’s pop songs.

NetChoice has a history of challenging similar laws across the United States and has successfully persuaded judges to block age verification requirements in states such as Arkansas, California, and Ohio. The group’s legal strategy focuses on highlighting the constitutional issues surrounding state-imposed restrictions on internet access.

Mississippi Attorney General Lynn Fitch is named as the defendant in the lawsuit. While the attorney general’s office has refrained from commenting on active litigation, communications director MaryAsa Lee stated that they “look forward to defending the State’s law that gives parents the help they need to protect their children online.”

The lawsuit in Mississippi follows similar actions in other states. For example, Utah has been sued by NetChoice over laws imposing strict limits on children’s access to social media. In response, Utah’s legislation was revised to require social media companies to verify user ages and disable certain features on accounts owned by minors. Additionally, Utah legislators removed a requirement for parental consent for children opening accounts, citing concerns over compromising online security through data entry.

The outcome of NetChoice’s lawsuit against Mississippi will likely have significant implications for the implementation of age verification laws across the United States. As states continue to grapple with balancing child protection and freedom of speech online, the decisions made in these legal battles will shape the future of digital content access and regulation. The tech industry and civil liberties advocates will closely watch how Mississippi and other states navigate these complex constitutional issues.

You can view the full complaint here, and you can follow NetChoice on X at @NetChoice.