Statement on Today’s NetChoice v. Skrmetti Oral Arguments
Today, the U.S. Court of Appeals for the Sixth Circuit heard oral arguments in NetChoice v. Skrmetti, a case challenging Tennessee's efforts to give parents common-sense tools to protect their children online.
Tennessee’s Protecting Children from Social Media Act requires social media companies to verify users’ ages, obtain parental consent before minors create accounts, and provide parents with basic supervision tools. The law passed with overwhelming bipartisan support in response to well-documented harms to children caused by social media—including increased rates of depression, anxiety, self-harm, and exposure to cyberbullying, predators and traffickers.
“Our law imposes a minimal burden,” said Tennessee Solicitor General Matt Rice during today's arguments. “The only thing preventing minors from accessing social media is these companies’ desire to maintain their ability to exploit kids through lopsided legal contracts. That may be their preferred business model, but it isn't a First Amendment right.”
General Rice also emphasized the stakes by stating, “Suicide rates are up 64%. Self-harm for girls ages 10-14 is up 281%. I think the balance of the equities weighs in one direction here—and it weighs against NetChoice.”
We appreciate the opportunity to present the merits of Tennessee’s law and the urgent need to protect children online. Tennessee, through its lawmaking and litigation, is proud to be part of a growing, bipartisan movement of States working to protect children from social media's documented harms.