Federal Judge Blocks Ohio Social Media Law

A federal judge has blocked an Ohio law that would require children under 16 to get parental consent to use social media apps. The law is being challenged by NetChoice, a trade group representing TikTok, Snapchat, Meta, and other major tech companies.

A federal judge in Ohio has extended a block on the enforcement of a state law that would require children under 16 to obtain parental consent before using social media applications. The decision, issued by U.S. District Court Judge Algenon Marbley, prevents the law from taking effect while a lawsuit filed by NetChoice, a trade group representing major tech companies including TikTok, Snapchat, and Meta, proceeds through the court system.

NetChoice Challenges Law as Overly Broad and Unconstitutional

NetChoice is challenging the Ohio law on the grounds that it is overly broad, vague, and an unconstitutional infringement on freedom of speech. The group argues that the law is not narrowly tailored to address specific harms to children and that it would sweep in a wide range of content that is not harmful or inappropriate for minors.

Judge Finds NetChoice Likely to Prevail on First Amendment Arguments

In his decision, Judge Marbley expressed the view that NetChoice is likely to succeed on its First Amendment arguments. He noted that the state has not provided any evidence that it is specifically targeting content designed to appeal to children, and that the law would cover a wide range of diverse subject matter, including news, entertainment, and educational content.

Law Would Require Parental Permission for Social Media and Gaming Apps

The Ohio law, known as the Social Media Parental Notification Act, would require companies to obtain parental permission before allowing children under 16 to create accounts on social media and gaming apps. It would also require companies to provide parents with their privacy guidelines so that families can understand what content would be censored or moderated on their child's profile.

State Defends Law as Necessary to Protect Children's Mental Health

The Ohio administration has defended the law as a necessary measure to protect children's mental health. Republican Lt. Governor Jon Husted has argued that social media is intentionally addictive and harmful to children, and that the state has a responsibility to protect them from these risks.

Judge Raises Concerns About Law's Structure and Scope

Despite the state's arguments, Judge Marbley raised concerns about the structure and scope of the Ohio law. He noted that the law does not appear to be designed to prevent children from exploring the internet once they have received parental permission, and that it does not specifically target the individual social media features that have been linked to negative outcomes for children.

NetChoice Files Lawsuit Against Ohio Attorney General

NetChoice filed its lawsuit against Ohio Attorney General Dave Yost in January in the U.S. District Court for the Southern District of Ohio. The group is seeking a permanent injunction to prevent the law from taking effect.

The Ohio law requiring parental consent for social media use by minors has been blocked by a federal judge due to concerns about its constitutionality and overbreadth. The outcome of the lawsuit filed by NetChoice will determine the fate of this law and its potential impact on the use of social media by children in Ohio.