Federal Judge Blocks Ohio Law Restricting Children's Use of Instagram, TikTok

A federal judge has halted Ohio’s attempt to implement a new law aimed at restricting children’s access to social media platforms such as Instagram and TikTok. Chief US District Judge Algenon Marbley sided with the tech industry trade group NetChoice, agreeing that the law violated minors’ free speech rights under the First Amendment of the Constitution. The ruling represents a setback for Ohio’s efforts to address concerns about the impact of social media on children’s mental health and safety.

The law in question, known as the Social Media Parental Notification Act, required social media companies to obtain parental consent before allowing children under 16 to use their platforms. Ohio’s Republican attorney general, Dave Yost, argued that the law was necessary to protect minors from potential harm, including damage to their mental health and exposure to sexual predators. However, Judge Marbley agreed with NetChoice’s contention that the law was overly broad and not sufficiently tailored to achieve its intended goals.

NetChoice, whose members include major social media companies like TikTok, YouTube, and Facebook, argued that the law represented a disproportionate restriction on minors’ access to online content. Judge Marbley concurred, describing the law as a “breathtakingly blunt instrument” that failed to address the nuanced challenges posed by social media use among children.

Monday’s ruling effectively puts Ohio’s law on hold indefinitely, pending further litigation. This decision follows a temporary injunction issued by Judge Marbley last month, which prevented the law from taking effect as scheduled on January 15th. Ohio Governor Mike DeWine expressed disappointment with the ruling, emphasizing the state’s concern about the negative effects of social media on children’s mental health. He called on Congress to take action to address the issue, suggesting that federal intervention may be necessary to protect children nationwide.

NetChoice has been successful in challenging similar laws in other states, including Arkansas and California, where it won court rulings blocking parental consent requirements for social media use and children’s digital privacy laws, respectively. The trade group is also challenging restrictions adopted in Utah, highlighting the ongoing legal battles over states’ attempts to regulate social media platforms in the absence of federal legislation.

The ruling in Ohio underscores the complex legal and policy challenges surrounding children’s online safety and the regulation of social media platforms. As states grapple with these issues, federal action may be needed to establish clear and consistent standards for protecting children’s rights and well-being in the digital age.

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