Social Media Giants Sue South Carolina Over New Child Protection Law

Tech trade group NetChoice files federal lawsuit claiming the 'Age-Appropriate Code Design Act' violates free speech rights.

Published on Feb. 13, 2026

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Just days after South Carolina Governor Henry McMaster signed the 'Age-Appropriate Code Design Act' into law, requiring social media companies to implement new protections for users under 18, a trade group representing major tech firms has filed a federal lawsuit challenging the constitutionality of the law. The lawsuit, filed by NetChoice, claims the law's 'sweeping restrictions on free speech' violate the First Amendment.

Why it matters

This lawsuit represents the latest clash between state governments and social media companies over how to balance online safety for minors with free speech protections. Similar laws in other states have been temporarily blocked by courts, and the outcome of this case could set an important precedent.

The details

The new South Carolina law requires social media apps to allow users under 18 or their parents to disable features like messaging, comments, and recommendation algorithms. It also bans the collection of minors' location data and targeted ads. NetChoice, whose members include companies like Meta, TikTok, and the platform formerly known as Twitter, argues these requirements amount to unconstitutional 'censorship' that violates users' free speech rights. The lawsuit claims the law's vague language around issues like 'compulsive usage' and 'emotional distress' will force companies to over-censor content to avoid liability.

  • The Age-Appropriate Code Design Act was signed into law by Governor Henry McMaster on February 5, 2026.
  • NetChoice filed the federal lawsuit challenging the law just two days later, on February 7, 2026.

The players

NetChoice

A Washington D.C.-based trade association representing dozens of major technology and social media companies, including Meta, TikTok, and the platform formerly known as Twitter.

Governor Henry McMaster

The Republican governor of South Carolina who signed the Age-Appropriate Code Design Act into law.

Rep. Brandon Guffey

A Republican state representative from Rock Hill, South Carolina who co-sponsored the bill, citing the suicide of his own son after a social media-related extortion attempt.

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What they’re saying

“South Carolina's speech code is a disaster. It imposes a sweeping censorship regime fundamentally aimed at controlling how speech is presented, what speech users can see, and places new roadblocks in the way of accessing that speech.”

— Paul Taske, Co-director of NetChoice's legal arm (scdailygazette.com)

“I don't want to take away innovation from companies. I just want to protect our children.”

— Rep. Brandon Guffey (scdailygazette.com)

What’s next

A federal judge will now consider NetChoice's request to halt enforcement of the new law while the lawsuit proceeds.

The takeaway

This legal battle highlights the ongoing tensions between state governments seeking to regulate social media's impact on minors and tech companies defending their platforms as protected free speech. The outcome could set an important precedent for similar child online safety laws across the country.