Tennessee social media law receives national support

NASHVILLE — Attorneys general from across the country filed a brief supporting a Tennessee law implementing certain restrictions to minors' access to social media. Last week, a bipartisan coalition of 35 attorneys general filed in support of the Protecting Children from Social Media Act, a Tennessee law passed in 2024 which requires social media companies to verify the ages of new users. The law requires parental consent before users under the age of 18 can create an account. It also requires social media companies to install controls for parents to supervise, monitor and deactivate their child's account. NetChoice — a trade organization representing tech companies such as Google, Amazon, Youtube, Meta and X — sued the state over the law in October of last year, citing free speech violations. The organization has successfully blocked similar age verification laws in states such as Mississippi, Arkansas and Texas. Tennessee Attorney General Jonathan Skrmetti argued the law protects against various outcomes associated with increased social media use: rising rates of mental illness; stunted cognitive development; and exposure to pornography and sexual predators. "Everything's on the table," said state Rep. John Crawford, R-Kingsport, who voted in favor of the law. "We're looking at everything we can do to make sure that Tennesseans, the children, are protected. And with some of the social media sites that don't really monitor as well as they should, I think it's a good law." Kingsport state Rep. Bud Hulsey, R-Kingsport, agrees. "I do think we have a growing problem with what minors are exposed to on a computer," said Hulsey. "It is hampering minors' cognitive skills and their abilities to communicate." NetChoice argues the law violates the first amendment as it requires users to give up sensitive personal data in order to access protected speech. Collecting that data, the organization says, undermines the safety of Tennesseans, creating "a new target for hackers and other criminals to exploit." Skrmetti argued social media companies — and by extension, NetChoice — have a fiscal interest in keeping its users engaged for longer. "Everything goes back to the money," said Crawford. "And so, they're looking at ways they can make a profit. And sometimes there's good people who don't care as much about making money, but doing things right. Then you have others who are just all about the dollar, and they don't care who they hurt." For now, the law remains held up in litigation. While it is technically on the books, Skrmetti said he has taken no steps to enforce the law — which would include fines for non-compliant social media companies. For repeat offenders, it could include altogether revoking the company's ability to operate in the state. In June, a district court denied NetChoice's request for a preliminary injunction. In a press release following the injunction ruling, NetChoice Associate Director of Litigation Paul Taske said the organization remains "confident the law will ultimately be struck down." When asked how he feels about emerging technologies such as social media and artificial intelligence, Hulsey responded thusly: "We live in a different world, and that kind of scares me to be honest with you."