Federal Judge Blocks Ohio's Online Parental Consent Law, Citing First Amendment Violations

Alexis Rowe

Alexis Rowe

April 17, 2025 · 3 min read
Federal Judge Blocks Ohio's Online Parental Consent Law, Citing First Amendment Violations

A federal judge has blocked Ohio's online parental consent law, ruling that it is unconstitutional and violates the First Amendment. The Social Media Parental Notification Act, signed into law in 2023, would have required children under 16 to obtain parental consent to use social media platforms. However, US District Court Judge Algenon Marbley's decision on Wednesday permanently prevents the law from taking effect.

The law was set to come into force on January 15th, 2024, but was challenged by NetChoice, a Big Tech-backed interest group. NetChoice argued that the law was a violation of the First Amendment, which protects freedom of speech and expression. Judge Marbley agreed, stating that the law "resides at the intersection of two unquestionable rights: the rights of children to 'a significant measure of' freedom of speech and expression under the First Amendment, and the rights of parents to direct the upbringing of their children free from unnecessary governmental intrusion."

This decision marks a significant win for NetChoice, which has been actively challenging similar laws across the country. Last month, the group succeeded in permanently blocking Arkansas's age verification law and won a preliminary injunction to prevent California's landmark online child safety law from going into effect. NetChoice has also sued to block Maryland's Kids Code law over concerns it violates free speech.

In a statement, NetChoice director of litigation Chris Marchese said, "The decision confirms that the First Amendment protects both websites' right to disseminate content and Americans' right to engage with protected speech online, and policymakers must respect constitutional rights when legislating." The ruling is seen as a major blow to efforts to regulate social media use among minors, and a significant victory for tech companies and free speech advocates.

The implications of this decision are far-reaching, as it sets a precedent for future challenges to similar laws. It also highlights the ongoing debate between lawmakers, tech companies, and free speech advocates over how to balance online safety with individual rights. As the digital landscape continues to evolve, this ruling is likely to have a significant impact on the development of online regulation and policy.

In conclusion, Judge Marbley's decision to block Ohio's online parental consent law is a significant development in the ongoing debate over online regulation and free speech. The ruling is a win for NetChoice and tech companies, but raises important questions about how to balance individual rights with online safety concerns. As the digital landscape continues to evolve, this decision is likely to have a lasting impact on the development of online policy and regulation.

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