6th Circuit Court Upholds Ohio Social Media Parental Consent Law

The U.S. Court of Appeals for the 6th Circuit ruled 2-1 on Thursday that Ohio must restore the Social Media Parental Notification Act. The decision vacates a January 2024 order by U.S. District Judge Algenon L. Marbley that had blocked the law's enforcement. Signed by Governor Mike DeWine in July 2023, the act requires children under 16 to obtain parental consent before using social media and gaming apps, effectively mandating age verification for all users. It also requires companies to provide families with privacy guidelines regarding content moderation.

In the majority opinion, Judge Eric L. Clay stated that the parental consent requirement constitutes a marginal burden that targets the problem of children's unsupervised assent to platform terms without muting protected discourse. Judge Alice M. Batchelder added that the statute is not unconstitutionally vague despite its broad coverage. Judge Kevin G. Ritz dissented, arguing the law restricts the ideas to which children may be exposed and creates a barrier to the free speech rights of minors.

Ohio Attorney General Andy Wilson characterized the ruling as a victory for families, asserting that the internet is the most dangerous place for children. NetChoice, a trade group representing companies such as Meta, TikTok, and Snapchat, challenged the law on First Amendment and privacy grounds. The group argued that the law is unconstitutional and violates bedrock principles by requiring government IDs. NetChoice has indicated it will continue to fight the ruling and is reviewing further legal options.