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Ohio's Social Media Parental Consent Law Permanently Invalidated by Federal Judge
2025-04-17

A significant legal development has emerged as a federal judge in Ohio permanently invalidated a state law mandating parental consent for minors under 16 to access social media platforms. The ruling, delivered by U.S. District Court Judge Algenon Marbley, stems from a lawsuit initiated by NetChoice, an influential trade association representing major technology companies such as TikTok, Snapchat, and Meta. NetChoice contended that the regulation violated constitutional rights related to free speech and was excessively broad in its scope. While Ohio officials argued the legislation aimed to safeguard young people from potential social media harms, Judge Marbley ruled it overstepped constitutional boundaries.

Judge Algenon Marbley's decision reflects a careful analysis of competing interests between protecting children and preserving freedom of expression. The case centers on a statute embedded within Ohio’s $86.1 billion budget bill, enacted last July under Republican Governor Mike DeWine. Proponents of the measure, including then-Lieutenant Governor Jon Husted, emphasized its intent to shield minors from the addictive and detrimental aspects of social media. However, Marbley highlighted that while shielding children is commendable, even well-intentioned laws must adhere to constitutional principles. He noted that the act failed to uphold First Amendment protections effectively.

Marbley further explained that the statute conflicted with two fundamental rights: the right of children to express themselves freely and the right of parents to guide their offspring without undue governmental interference. His opinion referenced prior judicial rulings indicating that such laws impose government control over children’s speech rather than reinforcing parental authority. This aspect was pivotal in shaping his final verdict.

NetChoice expressed satisfaction with the outcome, emphasizing that the court's decision underscores the importance of respecting constitutional freedoms when formulating policies affecting digital communication. Chris Marchese, the organization's director of litigation, remarked that the ruling affirms both the right of websites to distribute content and the right of individuals to interact online without undue restrictions.

The implications of this ruling extend beyond Ohio, aligning with similar outcomes in other states like California, Arkansas, and Utah. These jurisdictions have also seen attempts to implement comparable measures thwarted either temporarily or permanently through legal challenges led by NetChoice. As authorities continue reviewing the decision, the broader discourse surrounding the balance between technological innovation and child protection remains ongoing.

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