State

Federal appeals court clears way for Ohio social media age-verification law

A federal appeals court has cleared the way for Ohio to enforce a law requiring parental consent for social media accounts used by children under age 16, handing a legal victory to state officials who argued parents should have a greater role in overseeing their children’s online activity.

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled this week that Ohio’s Social Media Parental Notification Act can take effect, reversing a lower court decision that had blocked the law since early 2024.

The law, approved by lawmakers as part of Ohio’s 2023 state budget, requires social media companies to obtain verifiable parental consent before allowing users younger than 16 to create accounts on certain platforms.

State officials argued the measure is designed to protect children from harmful online content and platform features critics say are designed to maximize user engagement and screen time.

The legal challenge was brought by NetChoice, a technology industry group whose members include companies such as Meta, Google and YouTube. The organization argued the law violates First Amendment protections and imposes unconstitutional restrictions on access to lawful online content.

In a split decision, two judges sided with Ohio.

Judge Eric Clay wrote that the parental-consent requirement imposes only a limited burden while addressing concerns raised by the state regarding children’s online activity.

“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,” Clay wrote.

Judge Alice Batchelder agreed, writing that a law is not unconstitutionally vague simply because it applies to a broad range of websites and online platforms.

The ruling sends the case back to U.S. District Judge Algenon Marbley with instructions to vacate his earlier order blocking the law.

Ohio Attorney General Andy Wilson praised the decision.

“This ruling is a win for Ohio families,” Wilson said in a statement. “The court agreed that parents–not social media companies–should get a say in what kids see online. We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet.”

U.S. Sen. Jon Husted, who championed the legislation as lieutenant governor, also praised the ruling.

“This is a big win for Ohio families and an important step toward protecting our kids from people who want to do them harm on social media,” Husted, a Republican, said in a statement.

NetChoice criticized the ruling and said it is reviewing potential next steps.

Paul Taske of NetChoice said the decision threatens online privacy and constitutional protections.

“Parents must remain in the driver’s seat for parenting decisions,” Taske said in a statement. “Ohio cannot step in and make those decisions in the first instance.”

One member of the panel disagreed with the majority.

Judge Kevin Ritz argued that while social media can create legitimate concerns for children, the state does not have unlimited authority to restrict access to information.

“I do not doubt that unfettered social media access can and does harm minors,” Ritz wrote in his dissent. “But the state does not have a free-floating power to restrict the ideas to which children may be exposed.”

Earlier this year, a California jury found Meta and Google liable for harms suffered by a young social media user, concluding that features designed to maximize engagement contributed to addiction-related mental health problems. The verdict marked one of the first major courtroom victories for plaintiffs seeking to hold social media companies accountable for the design of their platforms.

The ruling comes as social media companies face increasing scrutiny over their impact on children and teenagers.

Ohio lawmakers have also continued examining the effects of social media on children. In May, bipartisan legislation was introduced that would require warning labels on certain social media platforms deemed addictive because of features such as infinite scrolling, autoplay functions and push notifications.

Supporters of Ohio’s parental-consent law argue the measure gives families additional oversight as concerns grow about social media’s effects on children’s mental health, sleep habits, self-esteem and academic performance.

The law had been on hold since January 2024 after NetChoice filed suit just days before it was scheduled to take effect.

Ohio officials can now move forward with enforcing the parental-consent requirements while the broader legal challenge continues.