Ohio AG Not Backing Down on Social Media Parental Consent Law

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  • Ohio AG Dave Yost announced plans to appeal a federal court decision that struck down the state’s Parental Notification by Social Media Operators Act, which would have required online platforms to obtain parental consent before allowing minors under 16 to access their services or agree to terms of service.
  • A trade association challenged the law in federal court, arguing it violated minors’ First Amendment rights. The court agreed, permanently enjoining enforcement of the law and holding that it imposed content-based restrictions on speech without satisfying strict scrutiny.
  • While acknowledging the legislature’s intent to protect children, the court found the law either overinclusive or underinclusive—or both. As the court put it: “Ohio’s response to a societal worry that children might be harmed if they are allowed to access adult-only sections cannot be to ban children from the library altogether absent a permission slip.”
  • A federal court previously granted a preliminary injunction against a similar Arkansas law requiring social media platforms to verify the age of all state-based users.
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