Judge blocks Ohio’s online parental consent law

A federal judge has struck down an Ohio law that would’ve required children under 16 to get parental consent to use social media platforms. In a decision on Wednesday, US District Court Judge Algenon Marbley ruled that the law is unconstitutional, saying it violates the First Amendment.

Signed in 2023, Ohio’s Social Media Parental Notification Act was set to come into force on January 15th, 2024. However, the Big Tech-backed interest group NetChoice challenged the law and won a temporary restraining order blocking it. This new decision permanently prevents the law from taking effect.

“This case resides at the intersection of two unquestionable rights: the rights of children to ‘a significant measure of’ freedom of speech and expression under the First Amendment, and the rights of parents to direct the upbringing of their children free from unnecessary governmental intrusion,” Judge Marbley writes.

Last month, NetChoice succeeded in permanently blocking Arkansas’s age verification law and won a preliminary injunction to prevent California’s landmark online child safety law from going into effect. NetChoice also recently sued to block Maryland’s Kids Code law over concerns it violates free speech.

“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,” NetChoice director of litigation Chris Marchese said in the group’s announcement.