Appeals court rules Ohio can enforce social media parental consent law

A federal appeals court ruled Thursday that Ohio can enforce a law requiring parental consent before children under 16 can use social media, handing a victory to state officials who argue the platforms pose risks to young users.

In a 2-1 decision, the 6th U.S. Circuit Court of Appeals overturned a lower-court ruling that had blocked enforcement of Ohio’s Social Media Parental Notification Act. The dissenting judge argued that the law likely imposes unconstitutional restrictions on minors’ access to protected speech, reflecting concerns that had previously led a lower court to block the measure.

The law, which was passed by the Ohio legislature in 2023 and took effect in 2024, requires certain websites and social media platforms to verify users’ ages and obtain parental consent before users under 16 can create or use accounts.

The measure includes an 11-factor test for determining whether a website is likely to be accessed by children, along with several exceptions.

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A federal appeals court ruled that Ohio can enforce a law requiring parental consent before children under 16 can use social media platforms. (Photo Illustration by Michael M. Santiago/Getty Images / Getty Images)

Ohio officials have said the law is intended to protect children from online harms, including exposure to harmful content, excessive social media use and data-collection practices

The law was put on hold following a legal challenge by NetChoice, a technology industry trade group whose members include YouTube, TikTok and Meta, the parent company of Facebook and Instagram.

NetChoice argued that the law was unconstitutionally vague and improperly restricted minors’ access to speech protected by the First Amendment. The group has also argued that age-verification and parental-consent requirements can force users to disclose personal information before accessing protected online speech.

The appeals court disagreed.

“At bottom, the Act imposes a parental consent requirement,” U.S. Circuit Judge Eric Clay wrote in the court’s lead opinion.

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The Ohio law requires certain social media companies to obtain parental consent before allowing users under 16 to create accounts. (Getty Images / Getty Images)

“That requirement constitutes a marginal burden that 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,” he added.

In a statement provided to FOX Business, Ohio Attorney General Andy Wilson called the ruling a “win for Ohio families.”

“The court agreed that…