Federal Appeals Court Overturns Block on Ohio’s Parental Consent Law for Social Media

A federal appeals court says Ohio’s law requiring children under 16 to get parental consent to use social media apps can be enforced.Several states have passed laws aimed at preventing children from using social media, citing concerns about their mental health. A tech industry trade group, NetChoice, has seen successes in its efforts to block similar laws in other states such as Arkansas, Louisiana, and Georgia. Florida is appealing a lower court’s ruling that blocked a similar law, though the state has been allowed to enforce its restrictions as the litigation plays out. On Thursday, a three-judge panel on the United States Court of Appeals for the Sixth Circuit issued a 2-1 decision overturning a lower-court ruling that blocked enforcement of Ohio’s Social Media Parental Notification Act. Ohio’s law, passed in 2023, requires social media websites to verify users’ age. It also requires that social media platforms receive parental consent for users under 16.NetChoice challenged the law, arguing it was unconstitutionally vague and prevented children from accessing First Amendment-protected speech. The group also expressed concerns that the age-verification requirement will force users to hand over personal information.The Sixth Circuit did not agree. The judge who wrote the opinion, Eric Clay, said, “At bottom, the Act imposes a parental consent requirement.”“That requirement constitutes a marginal burden that precisely targets the multi-faceted problem that Ohio has identified: Children’s unsupervised assent to terms and conditions for use of platforms that take advantage of and harm them,” Judge Clay wrote. Ohio’s attorney general, Andy Wilson, called the ruling a “win for Ohio families.”“The court agreed that parents — not social media companies — should get a say in what kids see online,” Mr. Wilson said. “This decision gives parents the tools to be involved and provide oversight.”The director of the NetChoice Litigation Center, Paul Taske, called the law “unconstitutional” and said it “protects no one.”“By requiring parents to override the government’s determination, Ohio has violated bedrock First Amendment principles,” Mr. Taske said.Mr. Taske said NetChoice is reviewing its options.

Federal Appeals Court Overturns Block on Ohio’s Parental Consent Law for Social Media

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