Mississippi Defends Social Media Law Despite Kavanaugh’s View

Feb. 3, 2026, 8:01 PM UTC

US Supreme Court Justice Brett M. Kavanaugh’s analysis of a Mississippi social media law requiring age verification loomed large during oral arguments Tuesday before the Fifth Circuit, where the state is trying to get a preliminary injunction against enforcement lifted.

“Enforcement of the Mississippi law would likely violate” the First Amendment rights of NetChoice members, Kavanaugh said in August in a short opinion. Judge Cory T. Wilson asked Mississippi Solicitor General Scott G. Stewart what the appellate court should do with the apparent forecasting.

Kavanaugh’s comments brought particular attention to the Mississippi litigation, meaning it could have outsize influence ...

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