ATLANTA, GA — Georgia Attorney General Chris Carr has secured a major victory in defense of SB 351, Georgia’s law that requires parental consent before social media platforms can enter into account agreements with kids aged 15 and younger. The law was previously challenged by NetChoice, the social media industry’s trade association, and the district court issued a preliminary injunction blocking the law’s enforcement.

The U.S. Court of Appeals for the Eleventh Circuit issued its opinion in Carr’s favor on Thursday, Oct. 15 following oral arguments earlier this year. With this ruling, the Eleventh Circuit vacated the prior preliminary injunction sought by NetChoice, paving the way for SB 351 to take full effect. 

“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,” said Carr. “We have said before — it shouldn’t take lawsuits, investigations or legislation to do the right thing. This is about keeping our children safe from online predators and mental health harms. Nothing is more important.”

In 2024, the General Assembly passed a law requiring covered social media platforms to verify users' ages and, if under the age of 16, to secure parental consent before providing the child with an account. NetChoice sued, alleging that SB 351 is unconstitutional and moving to block its enforcement. The district court issued a preliminary injunction on June 26, 2025, and Carr filed a notice of appeal immediately thereafter. On Oct. 15, 2026, the Eleventh Circuit vacated the preliminary injunction and sent the case back to district court for further proceedings. 

The Court held that NetChoice's facial First Amendment challenge failed because the trade association offered no evidence backing up its allegation that SB 351's enforcement against most of the platforms it covers would be unconstitutional. The Court also reversed the district court's holdings that aspects of SB 351 were void for vagueness and preempted by Section 230. 

As stated in Carr’s opening brief, “Thanks to social media, minors have increased rates of depression, anxiety, self-harm, and body-image problems. Youth suicide rates have increased… The dangers aren’t restricted to mental illness. Bullying, intimidation, harassment, and sexual predation thrive on social media platforms.”

However, as further noted in the brief, “Social media companies know about all those problems. But not only have they persisted in trying to keep kids addicted, they’ve actively tried to hide from the public the dangers and negative effects.”

Read a copy of Carr’s opening brief  (PDF, 433.27 KB) . Read a copy of the Court’s opinion  (PDF, 148.42 KB) .

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Communications Director Kara (Richardson) Murray

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Communications Specialist Lauren Read