Eleventh Circuit Rejects Netchoice's Challenge to Georgia Law Restricting Under-16-Year-Old Social Media Access

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Cite

Volokh, E. (2026, October 15). Eleventh Circuit Rejects Netchoice's Challenge to Georgia Law Restricting Under-16-Year-Old Social Media Access. Reason. https://reason.com/volokh/2026/10/15/eleventh-circuit-rejects-netchoices-challenge-to-georgia-law-restricting-under-16-year-old-social-media-access/

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Reason · collected 2026-10-15 · by Eugene Volokh

Quick Summary

The Eleventh Circuit Court of Appeals has rejected Netchoice's challenge to Georgia’s SB 351 law, which restricts under-16-year-olds from creating social media accounts without parental consent and limits data collection for advertising purposes for users under this age. The court ruled that Netchoice failed to provide sufficient evidence to prove the law is facially unconstitutional. Judges Kevin Newsom, Robert Luck, and Gerald Bard Tjoflat concluded that more detailed information about how SB 351 applies to various social media platforms is necessary before making a definitive judgment on its constitutionality.
Written locally by qwen2.5:14b on 2026-10-15, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

Story summary

On October 15, 2026, the Eleventh Circuit Court of Appeals rejected a challenge by Netchoice against Georgia's SB 351, which restricts social media access for minors under 16. The law mandates that platforms verify users' ages and prevent those under 16 from creating accounts without parental consent, as well as limit data usage for targeted advertising to minors. In its ruling, the court determined Netchoice failed to provide sufficient evidence showing a substantial number of applications of SB 351 were unconstitutional compared to its legitimate purpose. The decision was authored by Judge Kevin Newsom and supported by Judges Robert Luck and Gerald Bard Tjoflat. This outcome upholds Georgia's statute aimed at protecting young internet users, despite Netchoice's assertion that it unfairly targets specific websites including Dreamwidth, Meta (Facebook and Instagram), Nextdoor, Pinterest, Reddit, Snap Inc. (Snapchat), X, and YouTube.

Written for “Netchoice Legal Loss In Georgia Law Suit” on 2026-10-15, grounded in this article and the 0 other(s) covering the same event.
Why this leaning score
This article does not take a side on a contested political question, so it has no leaning score. That is an answer rather than a gap: a match report or a rescue can be warmly or critically written without being left or right, and scoring it anyway is how approval of a subject gets recorded as a political position.
No political leaning scored for article 83434 · logged 2026-10-15

Story

📰 Netchoice Legal Loss In Georgia Law Suit
Politics · 1 article(s) covering the same event.

Compared with similar articles

This article reads unscored and hedges 7% of its claims. Each row says how that neighbour differs.
New York Post
⚖️ Leans right 🔴 0% hedged 0 of 14 📰 publisher trust 67
“The articles describe court rulings in different states (Florida vs. Georgia) regarding laws that restrict social media access for minors, but they are not reporting on the same specific legal incident.”
Reason
⚖️ leaning not scored 🔴 9% hedged 5 of 53 📰 publisher trust 67
“The articles discuss different laws in Florida and Georgia, rather than a single specific event.”
The Straits Times
⚖️ Leans right 🔴 6% hedged 1 of 18 📰 publisher trust 60
“The articles discuss different state laws (Florida's H.B. 3 vs. Georgia's SB 351), even though both relate to minors and social media access.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
27
sentences that state something as happening or true
Uncertain
7%
2 of 27 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-15 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 753 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Eugene Volokh
143 article(s) here · 1 carrying a prediction
🔮 Even in First Amendment cases, where the facial-challenge bar is lower than it otherwise might be, the plaintiff [in a facial challenge] must show that "a substantial number of [the law's] applications are unconstitutional, judged in relation to the statute's plainly legitimate sweep."
🔮 Officers who violate the law may be criminally prosecuted by the State.
🔮 The standard for the granting of Pseudonym status can be found in Practice Book § 11–20A(h)(1) which provides in pertinent part: "Pseudonyms may be used in place of the name of a party or parties only with the prior approval of the judicial authority and only if the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the public's interest in knowing the name of the party or parties.
🔮 It would hold up only if websites have an inherent expressive value that differs from the expressive value inherent in all books.
🔮 While any one of FirstBank's services to Epstein may be claimed to be "routine" (though in many instances even that is suspicious), together, the complaint alleges that FirstBank was deeply enmeshed in Epstein's misconduct for its own financial benefit….
🔮 We hold that some predicate crimes (like Bost's conviction for terroristic threats) demonstrate a prima facie risk of physical violence from misusing guns and that those convicted of such crimes may presumptively be disarmed based on those convictions alone….
🔮 However, when it came to Pride events, the newsroom was deviating from its typical editorial review process, and many reporters were beginning to go cover stories about Pride festivals as soon as they heard that the event was taking place—without discussing with the rest of the newsroom whether the story ought to be covered, whether it was duplicative of another story that had recently aired, or whether some unique aspect of the story could be explored in a way that highlighted the story's overall newsworthiness.
🔮 The Court will grant that motion as well, finding that Plaintiffs are likely to succeed not only on their due process claim, but also on their two First Amendment claims.
🔮 But if you submit exclusively to us before that, we will give you an answer within 14 days; and then if you'd like to have it published quickly, we can publish it in within a few months, if it's sufficiently clean and cite-checked by your research assistant.
🔮 Two NAMI supporters, whom we will call "June" and "Lynn," names we have randomly chosen in the interest of their privacy, were employees of a large health-insurance company and arrived early to set up a picnic area and booth to greet their participating coworkers and provide information about their employer.
Also by Eugene Volokh
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 143 articles by Eugene Volokh →

Topics

Eleventh Circuit Moody Netchoice Netchoice v. Attorney General SB 351

Subjects

Netchoice ORG · 14× Moody ORG · 5× Dreamwidth ORG · 1× Eleventh Circuit ORG · 1× Gerald Bard Tjoflat PERSON · 1× Kevin Newsom PERSON · 1× Meta ORG · 1× Netchoice v. Attorney General ORG · 1× Robert Luck PERSON · 1× The State of Georgia GPE · 1×

Narrative

Instead, it has provided only an exemplary few: SB 351, NetChoice says, "regulates some websites operated by NetChoice members, including: (1) Dreamwidth; (2) Meta (Facebook and Instagram); (3) Nextdoor; (4) Pinterest; (5) Reddit; (6) Snap Inc. (Snapchat); (7) X; and (8) YouTube," as well as "new members … such as Tumblr."
framing: assertive · carried by 1 article(s) · first seen 2026-10-15
🔮 Even in First Amendment cases, where the facial-challenge bar is lower than it otherwise might be, the plaintiff [in a facial challenge] must show that "a substantial number of [the law's] applications are unconstitutional, judged in relation to the statute's plainly legitimate sweep."

Claims (27 extracted, 2 hedged)

The State of Georgia recently enacted SB 351 to restrict minors' ability to create accounts on social-media platforms. asserted
State → enact → platforms
The law requires platforms within its ambit to verify the ages of all their users, to prohibit minors under the age of 16 from creating accounts without their parents' consent, and to limit the personal data they use to display ads to users under 16. asserted
they → require → 16
The court held that Netchoice hadn't introduced enough evidence to show the law was facially unconstitutional: asserted
law → hold → evidence
Even in First Amendment cases, where the facial-challenge bar is lower than it otherwise might be, the plaintiff [in a facial challenge] must show that "a substantial number of [the law's] applications are unconstitutional, judged in relation to the statute's plainly legitimate sweep." uncertain
number → show → sweep
To discharge its facial-challenge burden, NetChoice must provide the reviewing court with the data—either hard facts or, at the very least, sufficient briefing—necessary to conduct the Moody-required comparative analysis. asserted
NetChoice → discharge → analysis
It hasn't done so here. asserted
It → do → ?
Indeed, NetChoice hasn't provided even a full list of its own members to which SB 351 applies. asserted
SB → provide → which
Instead, it has provided only an exemplary few: SB 351, NetChoice says, "regulates some websites operated by NetChoice members, including: (1) Dreamwidth; (2) Meta (Facebook and Instagram); (3) Nextdoor; (4) Pinterest; (5) Reddit; (6) Snap Inc. (Snapchat); (7) X; and (8) YouTube," as well as "new members … such as Tumblr." asserted
NetChoice → provide → Tumblr
And though NetChoice contends that, in addition to its own members, SB 351 regulates "other covered 'social media' websites," it doesn't name any that (in whole or in part) host unprotected speech. asserted
that → contend → speech
In that respect, we think, NetChoice makes the same mistake that it made before in Moody: treating the law as having "certain heartland applications" and "mostly confin[ing its] battle to that terrain. asserted
it → think → terrain
We've learned the facial-challenge lesson the hard way. asserted
We → learn → lesson
In Moody, the Supreme Court, even while largely agreeing with our merits analysis, faulted us for "mostly confin[ing] [our] analysis" to "certain heartland applications" instead of "address[ing] the full range of activities the law[ ] cover[ed]." asserted
law → agree → activities
The Court went on to observe that even if it were to attempt the facial analysis itself, it couldn't "undertake the needed inquiries" because the "parties ha[d] not briefed the critical issues [t]here, and the record [wa]s underdeveloped." asserted
record → go → issues
The Court therefore vacated and remanded our case … "to consider the scope of the laws' applications, and weigh the unconstitutional as against the constitutional ones." asserted
Court → vacate → ones
In turn, … we … remanded [the case] to the district court[] for further development of the issues pertinent to the facial-challenge analysis. asserted
we → remand → analysis
We are similarly stymied here. asserted
We → stymie → ?
For the foregoing reasons, we conclude that NetChoice has failed to satisfy Moody because it hasn't adequately addressed the "full range" of SB 351's applications, and the record before us does not permit the weighing Moody requires. asserted
Moody → conclude → weighing
The court also rejected Netchoice's vagueness challenge: asserted
court → reject → challenge
The district court held, and NetChoice contends before us, that SB 351's requirement that social-media platforms use "commercially reasonable" age-verification mechanisms renders the statute unconstitutionally vague. asserted
statute → hold → mechanisms
The problem, as NetChoice candidly acknowledges, is that "the district court raised this issue sua sponte." … asserted
court → acknowledge → issue
In granting injunctive relief on a theory that NetChoice never pleaded, the district court erred. asserted
court → grant → theory
See Clark v. Sweeney (2025) (holding that courts "transgress[ ] the party-presentation principle" when "granting relief on a claim that [the plaintiff] never asserted and that [the defendant] never had the chance to address"). uncertain
defendant → see → chance
And the court rejected Netchoice's 47 U.S.C. § 230 objection to the advertising restrictions: Section 230 prohibits treating a social-media platform as "the publisher or speaker of any information provided by another information content provider." … asserted
Section → reject → provider
advertising provision doesn't treat social-media platforms as publishers or speakers of information provided by others. asserted
provision → treat → others
Rather, it regulates how social-media platforms themselves act by forbidding them from targeting minors with ads based on personal information. asserted
platforms → regulate → information
This type of regulation falls outside § 230's ambit, which preempts laws that seek to hold social-media platforms "liable for information originating with a third-party user." asserted
platforms → fall → user
John Henry Thompson, Christopher Michael Carr, Riley B. Liu, Elijah J. O'Kelley, and Logan B. Winkles of the Georgia AG's office represent the state. asserted
Thompson → represent → state
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