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Sixth Circuit Allows Ohio Parental‑Consent Rule for Under‑16 Social Media Accounts

The appeals court’s decision clears the way for state enforcement while leaving major First Amendment and age‑verification questions unresolved.

Overview

  • A three‑judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted a lower‑court injunction and allowed Ohio’s 2023 law requiring “verifiable” parental consent for users under 16 to be enforceable again.
  • The two‑judge majority, led by Judge Eric Clay, said the consent requirement may burden speech but is a narrow, targeted measure and held that industry group NetChoice lacked standing to sue on behalf of child users.
  • Judge Kevin Ritz dissented, warning the law raises serious free‑speech and vagueness problems and criticizing the majority for not showing how the rule will prevent harms like sleep disruption, anxiety, or bullying.
  • Ohio’s attorney general is reviewing the opinion and has not set an enforcement start date, while NetChoice and platform members say they will continue litigation, making further appeals likely.
  • The ruling heightens practical and privacy trade‑offs because effective age verification can require intrusive data or inference, and it comes as U.S. states and tech companies continue to test different approaches to protect minors online.