The attorney general of Missouri has joined a multistate friend-of-the-court brief backing Nebraska’s Parental Rights in Social Media Act as the 8th U.S. Circuit Court of Appeals considers an appeal in NetChoice v. Hilgers.
States argue the law regulates account agreements, not speech
Attorney General Catherine Hanaway said Friday that Missouri signed onto a brief led by Florida urging the appeals court to reverse a lower court ruling that had enjoined two parts of Nebraska’s law: a requirement that platforms verify the ages of users creating new accounts and a requirement that parental consent be obtained before a minor may create a social media profile.
“Parents have the right to know what platforms are doing with their children and to have a voice in whether their child opens a social media account,” Hanaway said.
The multistate filing contends the provisions do not regulate speech but instead govern the contractual relationships users enter into when opening accounts with online platforms. The brief argues that, on that basis, the law falls within longstanding state authority to act to protect children’s welfare and to reinforce parental roles, according to Hanaway’s office.
Enforcement blocked by lower court; appeal pending
The federal district court blocked Nebraska from enforcing the two requirements. The appeal now before the 8th Circuit will determine whether those parts of the law may take effect while litigation continues.
Hanaway said Missouri’s filing is part of her broader legal efforts targeting large technology companies. Her office cited a settlement with Meta it described as the largest Big Tech settlement in history, an investigation into TikTok, a lawsuit against the online retailer Temu and a demand that Xbox strengthen protections for minors from predators.
- Case: NetChoice v. Hilgers, now at the 8th U.S. Circuit Court of Appeals.
- Law at issue: Nebraska’s Parental Rights in Social Media Act — age verification for new accounts and parental consent for minors’ profiles.
- Position: Missouri joined a Florida-led brief arguing the measures regulate account agreements, not speech, and are within state powers to protect children.
The 8th Circuit will review the district court’s injunction and the arguments from states supporting Nebraska’s law. The filing by Missouri’s attorney general formalizes state-level legal support for allowing parts of the Nebraska statute to be enforced while litigation proceeds.
