COLUMBUS, Ohio—A federal judge on Wednesday permanently struck down Ohio’s law requiring social media companies to collect parental consent for residents younger than 16 who wanted to create social media accounts.
The ruling, from U.S. District Court Judge Algenon Marbley, marks a win for social media giants like Facebook, YouTube, and X, which challenged the 2023 state law on the grounds that it was unconstitutionally vague and violated Ohio minors’ free-speech rights.
Ohio Attorney General Dave Yost’s office, which argued (among other things) that the restrictions are needed to protect children from potential risks of mental-health issues and sexual abuse, is reviewing Wednesday’s decision and is still determining whether to appeal it, according to spokeswoman Bethany McCorkle.
Under the state law, passed as part of the 2023 state budget, when Ohioans age 15 or younger create an account with a website or platform that “targets children, or is reasonably anticipated to be accessed by children” — including social-media or online gaming sites – the site operator must verify that a parent or guardian consents to it.
Companies that violate the law could face fines of up to $10,000 per day.
Marbley, who placed the law on hold early last year, expressed sympathy with state officials for trying to protect Ohio children, noting that extensive social media use has been linked to higher rates of depression, anxiety, and loneliness among young people.
However, Marbley held, the state law is unconstitutionally vague about exactly which websites and platforms it applies to, and is an “impermissible curtailment” of kids’ free-speech rights.
He likened social media sites – at least when it comes to First Amendment rights – to newspapers that print “letters to the editor” or publishers of a series of essays by different authors.
“Ohio’s response to a societal worry that children might be harmed if they are allowed to access adult-only sections cannot be to ban children from the library altogether absent a permission slip,” Marbley wrote.
Marbley’s ruling comes after courts have struck down similar restrictions on social media use by minors in other states – including in California, Utah, Mississippi, and Arkansas.
Those lawsuits, like the one challenging Ohio’s law, were filed by NetChoice, an internet trade association whose members include Meta (which owns Facebook and Instagram), Google (which owns YouTube), Pinterest, and Snap (which owns Snapchat).
Chris Marchese, NetChoice’s director of litigation, praised Wednesday’s ruling against Ohio’s law in a statement.
“The decision confirms that the First Amendment protects both websites’ right to disseminate content and Americans’ right to engage with protected speech online, and policymakers must respect constitutional rights when legislating,” Marchese stated.
McCorkle declined further comment Wednesday.
Gov. Mike DeWine, a vocal proponent of the parental permission law, issued a statement calling for the ruling to be appealed.
“We know how harmful social media is to children without parental involvement,” DeWine stated. “This law is a commonsense solution that allows social media usage by a child under the permission of a parent, just like going on a school field trip or participating in youth sports.”
Jeremy Pelzer covers state politics and policy for Cleveland.com and The Plain Dealer.
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