Florida Attorney General James Uthmeier joins ‘Varney & Co.’ to discuss a federal lawsuit against TikTok, alleging that the platform violated Florida’s child communications law and placed children at risk.
An appeals court ruled Thursday that Ohio can enforce a law requiring parental consent before children under 16 can use social media, handing a victory to state officials who argue the sites pose a risk to young users.
In a 2-1 decision, the 6th US Circuit Court of Appeals overturned a lower court ruling that had blocked enforcement of Ohio’s Social Media Parental Notification Act. A dissenting judge said the law may place unconstitutional restrictions on children’s access to protected speech, reflecting concerns that previously led a lower court to block the measure.
The law, which was passed by the Ohio legislature in 2023 and goes into effect in 2024, requires certain websites and social networks to verify the age of users and obtain parental consent before users under 16 can create or use accounts.
The scale includes an 11-item assessment to determine whether a website can be accessed by children, as well as other exceptions.
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An appeals court has ruled that Ohio can enforce a law requiring parental consent before children under 16 can use social media. (Image credit by Michael M. Santiago/Getty Images/Getty Images)
Ohio officials said the law is intended to protect children from online harm, including exposure to harmful content, overuse of social media and data collection practices.
The law was suspended following a legal challenge by NetChoice, a technology trade group whose members include YouTube, TikTok and Meta, which is the parent company of Facebook and Instagram.
NetChoice argued that the law is unconstitutionally vague and unreasonably prevents minors from being able to speak as protected by the first amendment. The group also argued that age verification requirements and parental consent could force users to reveal personal information before accessing protected speech online.
The appeals court disagreed.
“At bottom, the Act imposes a parental consent requirement,” US District Judge Eric Clay wrote in the court’s lead opinion.
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Ohio law requires certain social media companies to obtain parental consent before allowing users under 16 to create accounts. (Getty Images / Getty Images)
“That requirement includes a minimum burden that directly targets the multifaceted problem Ohio has identified: Unsupervised consent by children to the terms and conditions of use of platforms that exploit and harm them,” he added.
In a statement provided to FOX Business, Ohio Attorney General Andy Wilson called the decision “a victory for Ohio families.”
“The court agreed that parents — not social media companies — should have a say in what children see online,” Wilson said. “We have a responsibility to keep our children safe, and today, the most dangerous place for our children is the Internet.”
“This decision gives parents the tools they need to be involved and provide oversight,” he added.
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Ohio officials praised an appeals court ruling that allows the state to enforce parental consent requirements for social media users under 16. (Photos by Matt Cardy/Getty Images)
NetChoice has filed legal challenges to similar laws across the country aimed at restricting children’s access to social media.
NetChoice criticized the decision in a statement sent to FOX Business, saying it threatens the privacy and constitutional rights of Ohio residents. The group said it remains “absolutely confident” that the law will eventually be repealed.
“An unconstitutional law protects no one, and we remain focused on ensuring that the First Amendment rights of Ohioans are protected,” said Paul Taske, director of the NetChoice Litigation Center, in a statement.
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Parents need to be in the driver’s seat to make parenting decisions,” Taske continued. “Ohio cannot step in and make those decisions in the first place. But Ohio’s digital-ID law rejects that constitutional requirement. By requiring parents to override the government’s discretion, Ohio has violated bedrock First Amendment principles.”
Taske said NetChoice is reviewing its legal options going forward.
Reuters contributed to this report.
