Overview
- A 2-1 panel of the Sixth U.S. Circuit Court of Appeals on Thursday overturned a lower‑court injunction and ordered the Ohio law’s enforcement to be restored, finding the parental‑consent rule a narrowly tailored, marginal burden on speech.
- Ohio’s Social Media Parental Notification Act, enacted in 2023, uses an 11‑factor test to identify platforms that must verify age and obtain verifiable parental consent before users under 16 can create or use accounts, and it targets platforms for enforcement rather than children.
- The ruling drew a sharp dissent that said the law likely restricts minors’ access to protected speech, and NetChoice — representing Meta, YouTube and TikTok among others — said it will press further legal challenges and may seek higher review.
- Practical enforcement raises tradeoffs: age checks can require invasive ID or biometric steps, are often evaded by teens using VPNs or borrowed credentials, and Australia’s rollout showed many under‑16 users still retain access despite removals and technical controls.
- The decision arrives as governments press age limits and tech companies lobby for national rules; for example, Meta has pushed Congress for liability protections in KOSA that could reshape how youth‑safety disputes are resolved.