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Judge blocks Ohio’s online parental consent law

Judge blocks Ohio’s online parental consent law

  • US District Court Judge Algenon Marbley has struck down Ohio’s Social Media Parental Notification Act, ruling that it violates the First Amendment.
  • The law, which required children under 16 to get parental consent to use social media platforms, was set to take effect on January 15th, 2024.
  • A federal interest group called NetChoice challenged the law and won a temporary restraining order blocking its implementation, leading to this permanent decision.
  • NetChoice has also successfully blocked similar laws in Arkansas and California, citing concerns that they violate free speech rights.
  • The judge’s ruling confirms that the First Amendment protects both websites’ right to disseminate content and Americans’ right to engage with protected speech online.

A federal judge has struck down an Ohio law that would’ve required children under 16 to get parental consent to use social media platforms. In a decision on Wednesday, US District Court Judge Algenon Marbley ruled that the law is unconstitutional, saying it violates the First Amendment.

Signed in 2023, Ohio’s Social Media Parental Notification Act was set to come into force on January 15th, 2024. However, the Big Tech-backed interest group NetChoice challenged the law and won a temporary restraining order blocking it. This new decision permanently prevents the law from taking effect.

“This case 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,” Judge Marbley writes.

Last month, NetChoice 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 also recently sued to block Maryland’s Kids Code law over concerns it violates free speech.

“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,” NetChoice director of litigation Chris Marchese said in the group’s announcement.

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Q. What was the Ohio law that was blocked by a federal judge?
A. The Social Media Parental Notification Act, which required children under 16 to get parental consent to use social media platforms.

Q. Why did the judge block the law?
A. The judge ruled that the law is unconstitutional and violates the First Amendment, which protects children’s right to freedom of speech and expression.

Q. Who challenged the Ohio law?
A. NetChoice, a Big Tech-backed interest group.

Q. What was the outcome of the challenge?
A. NetChoice won a temporary restraining order blocking the law, and now the judge has permanently blocked it from taking effect.

Q. How did the judge describe the rights at stake in this case?
A. The judge described the rights as “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.”

Q. What is NetChoice’s stance on the law?
A. NetChoice believes that the law violates free speech and that policymakers must respect constitutional rights when legislating.

Q. How many laws has NetChoice recently challenged or blocked?
A. According to the article, NetChoice has recently challenged or blocked laws in Arkansas, California, and Maryland.

Q. What is the significance of this decision for online freedom of speech?
A. The judge’s decision confirms that the First Amendment protects both websites’ right to disseminate content and Americans’ right to engage with protected speech online.

Q. When was the Ohio law set to take effect?
A. January 15th, 2024.

Q. Who is NetChoice’s director of litigation?
A. Chris Marchese.