ATLANTA, Ga. — Georgia’s law requiring parental consent for children younger than 16 to create accounts on certain social media platforms can move forward following a federal appeals court ruling Thursday, October 15.
The U.S. Court of Appeals for the Eleventh Circuit overturned a preliminary injunction that had blocked enforcement of Senate Bill 351, a law passed by the Georgia General Assembly in 2024. The ruling represents a significant development in an ongoing legal dispute between the State of Georgia and NetChoice, a trade association representing technology companies.
Under SB 351, covered social media platforms must make commercially reasonable efforts to verify the ages of account holders. For children ages 15 and younger, the law requires parental consent before a platform can provide them with an account. The legislation also restricts how covered platforms may use personal information to target advertising to users under 16.
The requirements apply to social media platforms covered by the law’s definition, rather than every website or online service. Certain services, including email, streaming platforms, online shopping, and educational applications, are excluded.
For Georgia families, the law means that covered social media companies must obtain parental permission before allowing children younger than 16 to maintain accounts.
NetChoice challenged the law in federal court in May 2025, arguing that its requirements violated the First Amendment, were unconstitutionally vague, and conflicted with federal law. The organization raised concerns that age verification requirements could restrict access to protected online speech and create privacy and data security risks.
On June 26, 2025, a federal district court granted a preliminary injunction preventing enforcement of the challenged provisions while the lawsuit continued. Georgia Attorney General Chris Carr appealed the decision.
In its October 15 ruling, the Eleventh Circuit concluded that NetChoice had not met the legal burden necessary to justify the preliminary injunction. The court found that NetChoice had not provided sufficient evidence to support its broad First Amendment challenge against the law as a whole.
The appeals court also rejected, at this preliminary stage, NetChoice’s arguments that the challenged provisions were unconstitutionally vague or preempted by Section 230 of the federal Communications Decency Act. As a result, the court vacated the injunction and returned the case to the district court for further proceedings.
Importantly, the appeals court did not issue a final ruling resolving every constitutional question surrounding the law. The underlying lawsuit remains ongoing, and additional legal challenges or proceedings are possible.
Georgia Attorney General Chris Carr praised the decision, describing it as a significant step toward protecting children online. “This is a major win for Georgia families and a huge blow to those who would stand in the way of commonsense solutions to protect our kids,” Carr said.
Carr said the state pursued the legislation because of concerns about online predators and the potential mental health effects of social media use among children.
NetChoice, meanwhile, has argued that the law’s requirements threaten free speech and could expose users to privacy and cybersecurity risks.
The disagreement reflects a broader national debate over how states can regulate children’s access to social media while protecting constitutional rights and personal information.
With the preliminary injunction vacated, the previous court order preventing enforcement no longer stands. The case now returns to federal district court, where further proceedings will determine the remaining legal issues. The ruling clears a legal obstacle to Georgia enforcing SB 351, although the timing and practical implementation of its requirements may depend on additional guidance and developments.
For parents and guardians, the ruling is an important development in Georgia’s efforts to regulate minors’ access to social media.
Sources: Georgia Attorney General’s Office, October 15, 2026; U.S. Court of Appeals for the Eleventh Circuit, NetChoice v. Attorney General, State of Georgia, Case No. 25-12436.
