COLUMBUS, Ohio (Legal Newsline) - A federal judge has put a stop to a new Ohio law requiring parental consent for minors to access social media websites.
NetChoice, an internet trade association, challenged the Parental Notification by Social Media Operators Act in Ohio federal court on Jan. 5, claiming it infringes upon minors' First Amendment Rights.
The act requires websites to secure verifiable parental consent before allowing minors under 16 years old to create accounts or access services. Judge Algenon Marbley granted a motion for preliminary injunction on Feb. 12 that prevents the State from enforcing the law against NetChoice and its member organizations.
"Foreclosing minors under 16 from accessing all content on websites that the Act purports to cover, absent affirmative parental consent, is a breathtakingly blunt instrument for reducing social media's harm to children," Judge Marbley wrote.
Marbley likened Ohio's law to one in California that was struck down by the U.S. Supreme Court. The law at issue kept minors from buying violent video games.
"Such laws do not enforce parental authority over children's speech and religion: they impose governmental authority, subject only to a parental veto," the Supreme Court ruled.
Marbley wrote: "The Act appears to be exactly that sort of law."
The complaint mentions that some of NetChoice' members operate popular websites such as Dreamwidth, Facebook, Instagram, Nextdoor, Pinterest, Threads, X (formerly Twitter), and YouTube - all regulated by the act.
It argues that these platforms allow users to engage in a wealth of protected speech and should be free from governmental restraint.
NetChoice is seeking a declaration that the Act is unconstitutional and a permanent injunction preventing state Attorney General Dave Yost from enforcing it. Many attorneys represent NetChoice, including Matthew Rice of Sperling & Slater.