A federal appeals court ruled Thursday that Ohio’s law forcing children under 16 to get their parents’ approval before signing up for social media platforms must be reinstated.
The Cincinnati-based Sixth Circuit Court of Appeals handed down the 2-1 decision, dealing a significant blow to NetChoice, a trade organization that represents major tech companies including TikTok, Snapchat, and Meta. The group had previously succeeded in blocking similar laws in Arkansas, Louisiana, and Georgia, but the Ohio ruling bucked that trend.
NetChoice argued the Ohio legislation was too broad, too vague, and placed an unconstitutional barrier on free speech when it filed suit against the law in 2024. The majority of the three-judge panel rejected that argument, finding the law constitutional and sending it back to a lower court to lift the existing block on enforcement.
Writing for the majority, Judge Eric Clay described the law’s core requirement in straightforward terms. “At bottom, the Act imposes a parental consent requirement,” Clay wrote. “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.”
Judge Alice Batchelder agreed, adding that “a statute is not vague just because it has a wide berth.”
The legislation, formally called the Social Media Parental Notification Act, was included in an $86.1 billion state budget bill that Republican Ohio Gov. Mike DeWine signed into law in July 2023. Beyond requiring parental consent for social media and gaming apps, the law also mandates that companies share their privacy guidelines with families so they understand how content on their child’s profile would be filtered or managed.
When the measure was being promoted, then-Lt. Gov. Jon Husted — now a U.S. senator — described social media as “intentionally addictive” and harmful to young people. The administration framed the law as a tool to safeguard children’s mental health.
Republican Ohio Attorney General Andy Wilson celebrated Thursday’s outcome, calling it “a win for Ohio families.”
“The court agreed that parents — not social media companies — should get a say in what kids see online,” Wilson said in a statement. “We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet. This decision gives parents the tools to be involved and provide oversight.”
NetChoice pushed back on the ruling, saying it contradicted a “clear national consensus” established in other court decisions. Paul Taske, director of the NetChoice Litigation Center, vowed to continue the legal fight. “An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected,” Taske said.
