Ohio Court Ruling on Social Media Parental Consent

In a recent ruling, the Sixth Circuit Court of Appeals determined that Ohio’s law mandating parental consent for children under 16 to use social media apps should be reinstated. This decision, announced on Thursday, comes as a setback for NetChoice, a trade group that has successfully challenged similar digital identification laws in other states such as Arkansas, Louisiana, and Georgia.

NetChoice, which represents various tech giants including TikTok, Snapchat, and Meta, expressed disappointment, arguing that the ruling contradicts what it describes as a national consensus. They plan to continue their legal battles. “An unconstitutional law protects no one,” stated Paul Taske, director of the NetChoice Litigation Center, emphasizing the need to uphold First Amendment rights for Ohio residents.

NetChoice initiated the lawsuit against Ohio’s law back in 2024, claiming it was too broad, unclear, and constituted an unconstitutional barrier to free speech.

The three-judge panel from Cincinnati disagreed, with a 2-1 vote affirming the law’s constitutionality and directing lower courts to lift the existing block on its enforcement. Judge Eric Clay, in his opinion, noted, “At bottom, the Act imposes a parental consent requirement,” which he argued addresses the real issue of children agreeing to terms and conditions that could exploit them.

Judge Alice Batchelder supported this view, stating that “a statute is not vague just because it has a wide berth.”

The law, officially known as the Social Media Parental Notification Act, was included in a sizable state budget bill signed by Republican Governor Mike DeWine in July 2023. The state’s administration advocated for this law to bolster children’s mental health, with former Lieutenant Governor Jon Husted commenting on social media’s potentially addictive nature and its risks to children.

Under this law, companies must secure parental permission for social media and gaming apps and disclose their privacy policies, so families have a clear understanding of the content moderation that may affect their child’s profile.

Ohio Attorney General Andy Wilson, a Republican, hailed the ruling as beneficial for families in Ohio. He remarked, “The court agreed that parents – not social media companies – should get a say in what kids see online.” He emphasized the need for parental involvement in keeping children safe in what he referred to as the internet’s most perilous environment.