Ohio's Parental Consent Law for Social Media Use Restored by Appeals Court

The Sixth Circuit Court of Appeals ruled Thursday in a 2-1 decision that Ohio's Social Media Parental Notification Act must be reinstated, rejecting legal challenges from NetChoice, a trade group representing major technology companies including TikTok, Snapchat, and Meta. The law, which was signed by Republican Governor Mike DeWine in July 2023 as part of an $86.1 billion state budget, requires children under 16 to obtain parental consent before using social media and gaming applications. The court found that the law does not violate free speech rights and imposes only a "marginal burden" that directly addresses the harms of unsupervised access to platforms designed to be addictive.

Judge Eric Clay, writing for the majority, stated that the parental consent requirement "precisely targets the multi-faceted problem that Ohio has identified: Children's unsupervised assent to terms and conditions for use of platforms that take advantage of and harm them." Judge Alice Batchelder concurred, noting that "a statute is not vague just because it has a wide berth." The court remanded the case to a lower court to lift the existing block on the law's enforcement.

NetChoice had filed suit against the Ohio law in 2024, arguing it was overly broad, vague, and represented an unconstitutional impediment to free speech. The organization claimed the decision contradicted a "clear national consensus" and stated it would continue fighting. Paul Taske, director of NetChoice's Litigation Center, said "An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected."

NetChoice has previously won court victories against similar digital identification laws in other states, including Arkansas, Louisiana, and Georgia. However, Thursday's ruling marks a significant setback for the tech industry's challenge to parental oversight measures.

Ohio's Attorney General Andy Wilson called the decision "a win for Ohio families," stating that "parents—not social media companies—should get a say in what kids see online." The law also requires tech companies to provide privacy guidelines so families understand what content would be censored or moderated on their children's profiles. State officials had promoted the measure as necessary to protect children's mental health, citing the addictive and harmful nature of social media platforms.