Ohio’s controversial law mandating parental consent for minors under 16 to access social media platforms has been reinstated by a split decision from the Sixth Circuit Court of Appeals. This ruling represents a significant setback for NetChoice, the organization representing major tech companies like TikTok and Meta, as they have previously succeeded in overturning similar laws in states such as Arkansas, Louisiana, and Georgia.
NetChoice has vowed to continue its legal challenge against the Ohio law, asserting that it contradicts a “clear national consensus” on digital identification policies. Paul Taske, director of the NetChoice Litigation Center, emphasized, “An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected.”
The lawsuit initiated by NetChoice argued that Ohio’s law was overly broad and vague, infringing on free speech rights. However, in a 2-1 decision, the Sixth Circuit panel disagreed, determining that the law does not breach constitutional rights. Consequently, the case has been remanded to a lower court with instructions to lift the block on enforcing the law.
Judge Eric Clay, in his leading opinion, stated that the requirement for parental consent imposes only a marginal burden and directly addresses the problem of unsupervised access by children to social media platforms. Judge Alice Batchelder concurred, noting that a statute’s broad scope does not inherently make it vague.
This regulation, part of the $86.1 billion state budget bill signed by Republican Governor Mike DeWine in July 2023, is officially known as the Social Media Parental Notification Act. The initiative aimed to safeguard children’s mental health, with then-Lt. Gov. Jon Husted, now a U.S. senator, stating that social media is “intentionally addictive” and detrimental to young users.
The law stipulates that social media and gaming companies must obtain parental consent and disclose privacy policies outlining the moderation of content on children’s profiles. More details about the legal battle can be found here.
Ohio Attorney General Andy Wilson welcomed the court’s decision, declaring it “a win for Ohio families.” He emphasized that parents, rather than social media companies, should have a say in what children view online. “We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet. This decision gives parents the tools to be involved and provide oversight,” Wilson stated.
