Ohio Judge Blocks Social Media Parental Consent Law

A US federal judge has permanently struck down an Ohio law that would have required children and teens under 16 to get parental consent to use social media apps. The April 16 ruling cites the law as unconstitutional under the First Amendment.

The law, known as the Social Media Parental Notification Act, also would have mandated stricter age verification measures and verifiable proof of parental approval.

Signed into law in 2023, it was supposed to take effect on January 15, 2024. But special-interest group NetChoice quickly filed a lawsuit challenging it, gaining a temporary restraining order to block it.

“On the websites covered by this Act, both minors and adults alike create and engage with a wealth of protected speech. Yet the Act would place a significant hurdle on some minors’ ability to access and engage in speech on those websites,” NetChoice wrote in its initial complaint.

NetChoice represents 35 tech companies, including X, Meta, Google, Amazon, Snap, and more.

The case remained in the courts until recently, when US District Court Judge Algenon Marbley ultimately ruled the law to be a violation of the First Amendment, which protects freedom of speech and of the press.

“This case resides at the intersection of two unquestionable rights: the rights of children to ‘a significant measure of’ freedom of speech and expression under the First Amendment, and the rights of parents to direct the upbringing of their children free from unnecessary governmental intrusion,” wrote Marbley.

NetChoice has taken a slew of similar actions to block child online safety laws across the US. In March, a California court struck down a law that would have required websites “likely to be accessed by children” to assess and report potential risks to the state. The law was blocked in response to a lawsuit by NetChoice, which made similar First Amendment arguments.

NetChoice has also taken steps to block online child safety laws in states like Maryland, Mississippi, and Arkansas.

“We know how harmful social media is to children without parental involvement,” said Ohio Governor Mike DeWine in a statement. “This law is a commonsense solution that allows social media usage by a child under the permission of a parent […] This ruling should be appealed.”