LGBT Tech Files US Supreme Court Brief in Support of Free Speech

Earlier this week, LGBT Tech submitted an amicus brief to the U.S. Supreme Court in Netchoice v. Fitch, urging the Court to vacate the Fifth Circuit’s decision upholding a Mississippi law requiring age verification for social media users.  If allowed to stand, the law would impose blanket restrictions on social media access in Mississippi, permitting only those users who have verified their age to access digital platforms.  A federal district court previously issued an injunction blocking the law, but the Fifth Circuit earlier this week issued a stay of that injunction without providing a clear explanation for its decision thus allowing the law to take effect for now. 

Mississippi’s law places the health, safety, and free speech rights of its LGBTQ+ community – especially youth – at serious risk. For LGBTQ+ individuals, social media platforms are not just entertainment; they are vital spaces to find affirming community, access care, and connect with resources that may be otherwise out of reach. In an increasingly hostile offline world, it is essential that young LGBTQ+ people have online spaces in which they can safely grow, communicate, and seek support. The risks of isolating young LGBTQ+ people from these resources are further exacerbated by the unique challenges LGBTQ+ youth in Mississippi already face. According to The Trevor Project, 84% of LGBTQ+ young people reported receiving only “low or moderate support” from their families in the past year. When combined with the law’s parental consent requirements for users under 18, this measure could further isolate youth in unaccepting or unsafe households from potentially lifesaving support. With 37% of LGBTQ+ youth in Mississippi seriously considering suicide in the past year, restricting their access to affirming spaces and care online could have devastating consequences.

If allowed to go forward, the law would also have far-reaching implications for free speech and access to information for Mississippi’s LGBTQ+ community. As our brief makes clear, Mississippi's law effectively walls off minors from constitutionally protected means of free speech and information access on social media platforms. Many people, regardless of age, lack access to the government-issued identification required to meet the law’s age verification requirements – and for those who do, complying with the law would disproportionately compromise the privacy and anonymity of LGBTQ+ individuals seeking or sharing sensitive information. By mandating identification to access digital spaces, especially without any accompanying privacy frameworks, the law puts community members at risk of having sensitive details – such as gender identity, sexual orientation, or health status – exposed simply for using social media. 

Mississippi’s age verification law does not protect children, in fact it endangers them. Rather than promoting safety, it restricts the LGBTQ+ community’s right to free speech and unconstitutionally restricts access to essential information needed to thrive both on and offline. We urge the Supreme Court to recognize these grave risks, and vacate the Fifth Circuit’s decision without delay.