Ohio Court Upholds Social Media Parental Consent Law

A federal appeals court has decided that Ohio has the authority to enforce a law that mandates parental consent for children under 16 to access social media platforms. This ruling is seen as a success for state officials who argue that such online platforms can endanger young users.

In a 2-1 ruling, the 6th U.S. Circuit Court of Appeals overturned a previous lower court’s decision that had blocked the enforcement of Ohio’s parental notification law regarding social media. The dissenting judges expressed concerns that the law potentially imposes unconstitutional limits on minors’ access to protected speech, a concern that had previously influenced lower court rulings.

This law, enacted by the Ohio General Assembly in 2023 and set to take effect in 2024, requires specific websites and social media companies to verify the age of users under 16. They must obtain parental consent before allowing account creation or usage.

The legislation includes an 11-factor assessment to evaluate whether a site is likely to be used by children, along with certain exceptions.

Officials from Ohio claim that this law aims to shield children from online dangers, like exposure to inappropriate content, excessive use of social media, and data collection issues.

The law had previously been paused due to a lawsuit from NetChoice, a tech industry group with members such as Meta, which oversees platforms like YouTube, TikTok, Facebook, and Instagram. NetChoice contended that the law was unconstitutional, vague, and overly restrictive, impeding minors’ access to protected speech under the First Amendment. They also argued that age verification and parental consent standards could compel users to reveal personal information to access lawful content.

However, the Court of Appeals disagreed with this view. U.S. Circuit Judge Eric Clay stated in the majority opinion, “Ultimately, this statute imposes a parental consent requirement.”

Ohio Attorney General Andy Wilson celebrated the ruling, describing it as a significant win for families in Ohio. He emphasized the importance of parental control over what children see online, declaring that the internet is now the most perilous environment for kids. Wilson added that this ruling provides a pathway for parents to engage in their children’s online activities.

On the flip side, NetChoice has raised alarms about how this ruling could compromise the privacy and constitutional rights of Ohio residents. They expressed confidence that the law would ultimately be overturned. “No one will support an unconstitutional law,” stated Paul Taske, Director of the NetChoice Litigation Center. Taske further emphasized that parents should make their own decisions in parenting rather than have the state enforce them. He noted that Ohio’s law undermines the fundamental relationship required by the First Amendment, complicating the balance of power between parents and government.

NetChoice is now deliberating its next legal steps following this decision.