Big tech in Ohio suffers setback with appeals court decision on social media restrictions

Ohio's law mandating parental consent for social media use by children under 16 must be reinstated, a divided Sixth Circuit Court of Appeals panel ruled on Thursday. This decision reverses a previous victory for NetChoice, a trade group representing major tech companies like TikTok, Snapchat, and Meta, which had successfully challenged similar laws in Arkansas, Louisiana, and Georgia. NetChoice argued that Ohio's "Social Media Parental Notification Act," signed into law in July 2023 as part of an $86.1 billion state budget bill, was unconstitutionally broad, vague, and infringed upon free speech rights. The Sixth Circuit's 2-1 decision, however, found the law constitutional, stating it imposes a "marginal burden" that "precisely targets" the issue of children's unsupervised assent to harmful platform terms and conditions. Judge Eric Clay, writing the lead opinion, emphasized that the law's "wide berth" does not render it vague. The Ohio administration, led by Republican Governor Mike DeWine, had promoted the law as a measure to protect children's mental health, with then-Lt. Governor Jon Husted highlighting concerns about social media's impact. NetChoice stated its intention to continue fighting the law, asserting it violates the First Amendment rights of Ohioans.