Ohio Child Social Media Law Permanently Blocked By Judge

Ohio Child Social Media Law Permanently Blocked By Judge

A federal judge in Ohio has permanently struck down a law requiring parental consent for teens’ social media use, dealing a blow to the state’s efforts to regulate minors’ online activities.

Key Takeaways

  • Judge Algenon L. Marbley permanently invalidated Ohio’s Social Media Parental Notification Act, ruling it violated the First and 14th Amendments.
  • The law would have required platforms to verify users were at least 16 or obtain parental consent for younger users.
  • Tech industry group NetChoice, representing companies like TikTok and Meta, successfully argued the law infringed on constitutional free speech rights.
  • Similar laws aimed at restricting teen social media use have been challenged in California, Utah, and Arkansas.

Court Strikes Down Ohio’s Social Media Restrictions

Federal Judge Algenon L. Marbley has permanently blocked Ohio’s attempt to restrict social media access for teenagers, ruling that the Social Media Parental Notification Act violates constitutional protections. The law, which was previously set to take effect on January 15, 2024, would have required social media platforms to verify users were at least 16 years old or obtain parental consent for younger users through government ID, credit card verification, or digital consent forms.

The decision marks a significant victory for NetChoice, a tech industry group representing major platforms including TikTok, Snapchat, and Meta. The organization has been at the forefront of legal challenges against similar laws in other states, having already secured a permanent injunction against comparable legislation in Arkansas. Ohio Attorney General Dave Yost’s office stated they are reviewing the decision to determine next steps.

Constitutional Concerns Outweigh Child Protection Intent

In his ruling, Judge Marbley acknowledged the state’s intentions but determined the law failed constitutional requirements. The judge applied strict scrutiny to the law, finding it represented a content-based restriction that affected minors’ speech rights. The court rejected the state’s evidence linking social media to harm to children, noting it showed correlation rather than causation.

The court found the law to be either underinclusive or overinclusive in serving its intended purpose of protecting children. While the state argued social media platforms were “intentionally addictive” and harmful to youth mental health, the judge determined that even laudable goals must conform to constitutional requirements. The Social Media Parental Notification Act was originally part of an $86.1 billion state budget bill signed by Governor Mike DeWine in July 2023.

NetChoice Victory and State Response

NetChoice celebrated the ruling as confirmation that First Amendment protections extend to online platforms. The organization has consistently challenged similar state laws across the country, arguing that age verification requirements and barriers to lawful information violate constitutional rights. The case, officially titled NetChoice, LLC v. Yost, represents a significant setback for states attempting to regulate teen social media use.

State lawmakers are considering alternative approaches, including a new bill that would require consent through app stores rather than individual applications, potentially addressing some of the constitutional concerns raised in the court’s ruling.

Sources

  1. Federal Judge Strikes Down Ohio Law Restricting Teen Access to Social Media
  2. Judge strikes down Ohio law that would have required age verification on social media
  3. Judge strikes down Ohio law requiring parental consent for kids to use social media