Court restores Ohio rules limiting kids’ access to social media

A federal appeals court has cleared the way for Ohio to enforce a law requiring parental permission before children under 16 can create or maintain social media accounts. 

In a 2-1 ruling issued Thursday, the Sixth Circuit Court of Appeals overturned a lower court decision that had blocked enforcement of Ohio’s Social Media Parental Notification Act. The law requires certain social media and gaming platforms to verify user’s ages and obtain parental consent before allowing minors under 16 to access their platforms. 

The lawsuit was brought by NetChoice, a technology industry trade group representing TikTok, Snapchat, Meta and other major tech companies. The organization argued that the law is overly broad and infringes on free speech. 

What they're saying:

"An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected," said Paul Taske, director of the NetChoice Litigation Center.

However, the decision gives a significant victory to Ohio officials who have argued parents should have more oversight of the online activities of their children. 

The other side:

Judge Eric Clay wrote the lead opinion, saying, "At bottom, the Act imposes a parental consent requirement," Judge Clay wrote. "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."

The backstory:

The law was originally approved in the Social Media Parental Notification Act, part of Ohio’s $86.1 billion state budget signed into law in 2023 but was prevented from taking effect after the legal challenge. 

 

 

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