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Eleventh Circuit allows Georgia to enforce social media age-verification law

Eleventh Circuit allows Georgia to enforce social media age-verification law

Rule Changes

Eleventh Circuit vacates the injunction that blocked parental consent rules for minors' accounts since 2025

October 15th, 2026: Eleventh Circuit vacates injunction

Overview

Updated Oct 19

Georgia can enforce its law requiring social media platforms to check users' ages and get parental permission before children under 16 open accounts. A three-judge panel of the Eleventh Circuit Court of Appeals vacated the injunction that had blocked the law since June 2025, in a 25-page opinion issued Thursday.

The panel said NetChoice did not show the law was likely unconstitutional, noting the group never supplied a full list of members covered by the statute and that some sites, such as X and Reddit, host material that is unprotected for minors. The case returns to U.S. District Judge Amy Totenberg in Atlanta. A day earlier the same court lifted an injunction on Florida's law barring social media accounts for children under 14.

Why it matters

If the law survives, platforms must verify ages and get parental consent for Georgia users under 16, or face penalties.

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Key Indicators

11
Other states where NetChoice has sued
Texas, Ohio, Arkansas, California, Nebraska, Utah, Virginia, Florida, Mississippi, Louisiana and Tennessee, per Courthouse News Service; most are blocked
16
Months law was blocked
Preliminary injunction ran from June 2025 to October 2026
90 days
Notice period before enforcement
Attorney General must give 90 days' notice before enforcing the law

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People Involved

Chris Carr
Chris Carr
Georgia Attorney General
Won the October 2026 appeal; SB 351 can be enforced while the case proceeds on the merits
 Amy Totenberg
Amy Totenberg
US District Judge, Northern District of Georgia
Her preliminary injunction was vacated by the Eleventh Circuit; the case is back before her for further proceedings
 Kevin Newsom
Kevin Newsom
US Circuit Judge, Eleventh Circuit
Wrote the panel opinion vacating the injunction on October 15, 2026

Organizations Involved

NetChoice
NetChoice
Trade association
Lost its bid to keep SB 351 blocked; weighing further legal steps as the case returns to the district court

Internet trade association representing social media platforms
GA
Georgia Attorney General's Office
State agency
Defending the law

State agency defending SB 351 in federal court

Timeline

April 2024 October 2026

6 events Latest: October 15th, 2026 · 4 weeks ago
Tap a bar to jump to that date

  1. Eleventh Circuit vacates injunction

    Latest Legal

    Appeals court allows Georgia to enforce the law while the case proceeds on the merits.

  2. Eleventh Circuit lifts block on Florida's youth social media law

    Legal

    A day before the Georgia ruling, the same court vacated a preliminary injunction against Florida's law barring social media accounts for children under 14 and requiring parental consent at 14 and 15.

  3. Oral arguments heard

    Legal

    Three-judge panel hears arguments in Jacksonville, Florida.

  4. Georgia appeals

    Legal

    Attorney General Chris Carr files notice of appeal to the Eleventh Circuit.

  5. District court blocks law

    Legal

    Judge Amy Totenberg grants preliminary injunction, finding the law likely unconstitutional.

  6. Georgia signs SB 351 into law

    Legislation

    Governor signs the Protecting Georgia's Children on Social Media Act, requiring age verification and parental consent for minors' accounts.

Scenarios

1

NetChoice takes case to full Eleventh Circuit or Supreme Court

Possible Resolves by Q2 2027

Discussed by: Legal observers following the case

NetChoice could ask the full Eleventh Circuit to rehear the case, arguing the panel erred on the First Amendment analysis. If denied, it could petition the Supreme Court.

2

District court upholds Georgia's law on the merits

Possible Resolves by End of 2027

Discussed by: Georgia Attorney General's office

The case returns to Judge Totenberg, who rules on the merits. The Eleventh Circuit's reasoning could guide her analysis, though she could still find problems with the law on a fuller record.

3

District court strikes down Georgia's law on the merits

Possible Resolves by End of 2027

Discussed by: NetChoice and civil liberties groups

On a fuller record, the district court could still find the law unconstitutional, perhaps on as-applied grounds or based on evidence about how platforms operate.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

June 1997

Reno v. ACLU (1997)

The Supreme Court struck down the Communications Decency Act's provisions criminalizing indecent speech online, ruling that internet speech deserves full First Amendment protection.

Then

The CDA's indecency provisions were voided.

Now

Established that content-based restrictions on internet speech face strict scrutiny.

Why this matters now

The case set the framework courts use to evaluate internet content regulation, including state age-verification laws.

2023-2024

State social media laws wave (2023-2024)

Utah, Louisiana, Florida, and other states passed laws restricting minors' access to social media. Federal courts blocked several of them before they took effect.

Then

Most were enjoined by preliminary injunctions.

Now

The Eleventh Circuit's ruling in the Georgia case could influence similar challenges in other circuits.

Why this matters now

Georgia's SB 351 is part of this wave, and the Eleventh Circuit's decision is a significant development for states seeking to enforce such laws.

Sources

(14)
+8
Bloomberg Law Reuters AP News Georgia Attorney General's Office Recording Law Law360 US District Court for the Northern District of Georgia Orrick Courthouse News Service WJCL NetChoice FOX 5 Atlanta CBS News Atlanta Georgia Attorney General's Office