A federal appeals court has reversed an earlier ruling, allowing an Ohio law requiring parental consent for minors to use social media to be enacted.
In a 2-1 decision issued on June 18, a panel of judges with the U.S. Sixth Circuit Court of Appeals reversed the decision of Columbus-based U.S. District Court Judge Algenon Marbley, who had granted a permanent injunction that blocked the state’s Parental Notification by Social Media Operators Act.
The appeals court decision said NetChoice, a trade organization representing social media companies like Meta and TikTok, didn’t fully meet requirements to prove the entire Ohio law was unconstitutional.
The appeals court said a judgment should be filed in favor of the Ohio Attorney General’s office, which would lift the ban and allow the law to go into effect. Ohio’s law requires certain social media companies to get verifiable parental consent before anyone under the age of 16 can access their platforms and agree to the terms of service.
NetChoice sued days before the law went into effect in January 2024, arguing the law was too vague to be enforceable and violated the First Amendment rights of minors by limiting their ability to free expression.
Marbley granted a preliminary injunction, temporarily pausing the law’s enactment before issuing the permanent block in April 2025. Marbley said in his decision that he understood the law’s intentions, but the efforts had gone too far.
The Ohio Attorney General’s office, led at the time by Dave Yost, appealed the ruling to the federal appeals court. Yost’s office said the social media companies should not be allowed to challenge the law on behalf of the rights of minors.
“This ruling is a win for Ohio families,” Ohio Attorney General Andy Wilson said. “The court agrees 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. This decision gives parents the tools to be involved and provide oversight.”
Similar laws in other states trying to limit access to social media for minors or require parental consent have also faced legal challenges.
NetChoice said the Sixth Circuit’s decision contradicts decisions made by courts in other states that have blocked nearly identical laws.
“An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected,” Paul Taske, director of the NetChoice Litigation Center, said in a prepared release. “Parents must remain in the driver’s seat for parenting decisions. Ohio cannot step in and make those decisions in the first instance. But Ohio’s digital-ID law discards that constitutionally required dynamic. By requiring parents to override the government’s determination, Ohio has violated bedrock First Amendment principles.”
NetChoice said it is reviewing its legal options, which include the ability to ask the Supreme Court of the United States to review the decision.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: Ohio law requiring parental consent for minors on social media lands a win
Reporting by Bethany Bruner, Columbus Dispatch / The Columbus Dispatch
USA TODAY Network via Reuters Connect
By Bethany Bruner, Columbus Dispatch | USA TODAY Network
