A federal appeals court has revived Ohio’s controversial law requiring parental consent for children under 16 to use social media, delivering a blow to tech industry groups that have challenged similar legislation elsewhere.
The Sixth Circuit Court of Appeals, in a 2-1 ruling on Thursday, ordered the restoration of the Social Media Parental Notification Act, which a lower court had previously blocked.
This decision marks a setback for NetChoice, a prominent trade group representing major tech companies such as TikTok, Snapchat, and Meta, which has secured victories against similar digital identification laws in states including Arkansas, Louisiana, and Georgia.
NetChoice initiated its lawsuit in 2024, contending that the Ohio law was overly broad, vague, and an unconstitutional impediment to free speech.
However, the Cincinnati-based panel disagreed, finding the law constitutional and ordering the lower court to vacate its enforcement block.
Judge Eric Clay, writing the lead opinion, articulated the court’s reasoning: “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 Alice Batchelder concurred, adding that “a statute is not vague just because it has a wide berth.”
Enacted in July 2023 as part of an $86.1 billion state budget bill signed by Ohio Governor Mike DeWine, the legislation compels social media and gaming companies to obtain parental permission for minors and to disclose privacy guidelines.
Ohio officials, including then-Lt. Gov. Jon Husted, championed the measure as vital for protecting children’s mental health, asserting that social media is “intentionally addictive” and detrimental to young users.
Following the ruling, Ohio Attorney General Andy Wilson hailed the decision as “a win for Ohio families.” He stated: “The court agreed that parents- not social media companies- should get a say in what kids see 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.”
Despite the ruling, NetChoice condemned the Ohio decision as contrary to “clear national consensus” and vowed to continue its legal battle.
Paul Taske, director of the NetChoice Litigation Center, affirmed: “An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected.”
