COLUMBUS, Ohio — A U.S. federal appeals court ruled on Thursday that Ohio may enforce a law requiring parental consent for children under 16 to use social media platforms, overturning a lower court order that had blocked the measure and marking a significant victory for state officials seeking greater oversight of minors’ online activity.
The decision by a divided panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals reinstates Ohio’s Social Media Parental Notification Act while the case continues in lower court proceedings. The law requires certain social media and gaming platforms to obtain parental permission before allowing users under the age of 16 to create accounts and requires companies to provide information about their privacy and moderation policies.
The lawsuit was brought by NetChoice, a technology industry trade association whose members include major social media companies such as Meta, TikTok, Snapchat and YouTube. The group argued that the law was overly broad, vague and violated First Amendment protections by restricting access to constitutionally protected speech.
In the court’s majority opinion, Judge Eric Clay wrote that the statute primarily imposed a parental consent requirement rather than a broad speech restriction. “At bottom, the Act imposes a parental consent requirement,” Clay wrote, adding that the measure represented a limited burden aimed at addressing harms identified by the state.
Judge Alice Batchelder joined the ruling and stated in a concurring opinion that “a statute is not vague just because it has a wide berth,” according to court documents.
Ohio Attorney General Andy Wilson welcomed the decision, describing it as “a win for Ohio families.” In a statement, Wilson said, “The court agreed that parents — not social media companies — should get a say in what kids see online.”
NetChoice criticized the ruling and indicated it would continue its legal challenge. Paul Taske, director of the NetChoice Litigation Center, said the organization believed the law conflicted with constitutional protections and broader legal trends in similar cases across the United States.
Ohio’s law was enacted in 2023 as part of a broader state budget package promoted by Governor Mike DeWine’s administration. State officials have argued that increased parental oversight is necessary because of concerns about the effects of social media on children’s mental health and online safety.
The ruling comes as states across the country and governments abroad pursue measures aimed at limiting children’s access to social media platforms through age-verification and parental-consent requirements.
As of Friday, the Ohio law was set to be restored while litigation continues. NetChoice said it intends to pursue further legal action, and the case will return to a lower court for additional proceedings.
