- A federal judge issued a temporary restraining order Tuesday, halting enforcement of an Ohio law requiring children under 16 to obtain parental consent before accessing social media apps.
- U.S. District Judge Algernon Marbury ruled in favor of NetChoice, a group representing TikTok, Meta, and other social media giants.
- Despite calling the law's intent “a laudable goal,” Marbury questioned whether Ohio can prove that the law is “strictly tailored to a specific purpose.” I have doubts.
A federal judge on Tuesday issued an order temporarily halting enforcement of a pending Ohio law that requires children to obtain parental consent before using social media apps.
The temporary restraining order by U.S. District Judge Algernon Marbury was issued in a lawsuit filed Friday by NetChoice, an industry group representing TikTok, Snapchat, Meta and other big tech companies. The lawsuit claims the law is an unconstitutional barrier to free speech and is too broad and vague.
Mabry said that while the intent to protect children is a “laudable goal,” it is unlikely that Ohio will be able to prove that the law is “tightly tailored to a specific purpose.” said.
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“Prohibiting minors under the age of 16 from accessing all content on websites covered by the Act without the affirmative consent of a parent means that social media does not harm children,” he said. It is a breathtakingly blunt means of mitigating the harm caused to people.”
This law is similar to those enacted in other states. It was scheduled to take effect on January 15th.
This graphic shows app icons, clockwise from left: Facebook, YouTube, Snapchat, and TikTok. (AP Photo/File)
Social media companies will be required to get parental permission for children under 16 to sign up to social media and gaming apps, and families will be given visibility into what content will be censored or moderated. , which also requires companies to provide privacy guidelines to parents. their children's profiles;
The social media parental notification law was part of the $86.1 billion state budget bill signed by Republican Gov. Mike DeWine in July. The administration promoted the measure as a way to protect children's mental health, and Republican Lt. Gov. Jon Husted said at the time that social media was “intentionally addictive” and harmful to children.
Husted expressed disappointment with the judge's actions Tuesday.
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“The big tech companies behind this case participated in the legislative process to ensure the law was clear and easy to enforce, and now they believe the law is unclear,” he said in a statement. I am claiming that.” “They are disingenuous participants in this process and have no interest in protecting children.”
The governor also lamented the decision.
“The negative impact social media sites and apps have on children's mental health is well-documented, and this law will empower parents to play a role in their children's digital lives,” he said in a statement. It was one way to do that.”
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NetChoice filed a lawsuit against Republican Attorney General Dave Yost in the U.S. District Court for the Southern District of Ohio. The group has won lawsuits against similar regulations in California and Arkansas.
