
A U.S. appeals court has ruled that Ohio can enforce a law requiring social media companies to obtain parental consent before allowing children under the age of 16 to use their platforms. The decision, delivered by a 2-1 panel of the 6th U.S. Circuit Court of Appeals, overturned a lower court ruling that had blocked the law at the request of tech industry group NetChoice. The court found that the legislation does not violate First Amendment free speech protections.
The law, known as the Social Media Parental Notification Act, was passed in 2023 and took effect in January 2024 before being temporarily halted by a federal judge. It requires certain websites likely to be accessed by minors to verify users’ ages and obtain parental approval for those under 16. NetChoice, whose members include Meta, YouTube, and TikTok, argued that the law was vague and improperly restricted minors’ access to constitutionally protected content.
Writing for the majority, Judge Eric Clay said the law places only a limited burden on speech and is narrowly tailored to address Ohio’s interest in protecting children from potential harms associated with social media. Ohio Attorney General Andy Wilson welcomed the ruling, saying it gives parents greater oversight of their children’s online activity. NetChoice, however, maintained that the law threatens online privacy and constitutional rights and expressed confidence that it will eventually be struck down permanently.
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