Parental Consent Returns
Appeals Court Restores Ohio's Parental Consent Law for Under-16 Social Media Use
A federal appeals court has ruled that Ohio's social media law for kids must go back into effect. The Sixth Circuit Court of Appeals voted 2-1 on June 18, 2026, to restore the Social Media Parental Notification Act, which requires children under 16 to get parental consent before joining social media or gaming apps, according to Reuters.
The ruling overturns a lower court's permanent block on the law. It is a major win for Ohio and a setback for NetChoice, the tech industry trade group that represents companies like Meta, TikTok, and X. Platforms that break the law face fines starting at $1,000 per day and rising to $10,000 per day after 90 days, FindLaw reported.
How Ohio's Law Survived a Two-Year Legal Fight
Ohio Governor Mike DeWine signed the law in July 2023 as part of an $86.1 billion state budget, according to Newsday. NetChoice sued almost immediately. On January 8, 2024, a federal judge blocked the law just one week before it was set to take effect. By April 2025, that judge — Algenon Marbley — struck the law down permanently, calling it unconstitutional and "troublingly vague."
Ohio Attorney General Dave Yost appealed. After oral arguments in February 2026, the Sixth Circuit flipped the result. Judge Eric Clay wrote that the law targets children's "unsupervised assent to terms and conditions" for platforms that "take advantage of and harm them," according to The Republic News. Judge Alice Batchelder added that "a statute is not vague just because it has a wide berth."
Ohio Says Safety, Tech Companies Say Censorship
The state framed the law as a child protection tool. Governor DeWine said the "negative effects social media sites have on our children's mental health have been well documented" and the law was "one way to empower parents." AG Yost put it more bluntly, saying letting NetChoice speak for kids would mean "the fox guards the henhouse."
NetChoice's litigation director Chris Marchese pushed back hard. He argued that forcing users to upload private ID records to access online content "violates the First Amendment." The ACLU of Ohio agreed, calling the law a government-mandated barrier between citizens and the internet, according to ACLU of Ohio.
What Companies Must Now Do to Comply
Under the law, social media companies must get "verifiable parental consent" for any Ohio user under 16. Acceptable methods include digital signatures, credit card verification, or a video call with trained staff, according to Ohio.gov. Companies must also share privacy guidelines so families know what content will be moderated on a child's profile.
Critics warn this creates new privacy risks. To prove a user is not a child, adults may also have to hand over sensitive ID data to private companies — creating fresh targets for hackers, according to the NetChoice case brief. Despite the ruling, Meta's stock closed at $599.64 on the day of the decision, showing little market reaction.
Ohio Ruling Could Reshape Laws Across the Country
Legal analysts see this ruling as a potential turning point. Courts in California and Arkansas have largely sided with NetChoice, striking down similar state laws on free speech grounds. The Sixth Circuit's different approach — treating parental consent as a "marginal burden" on speech — could split the circuits and push the issue toward the Supreme Court, according to Courthouse News Service.
The ruling also fits a global trend. Reuters noted that Ohio's move mirrors recent social media age restrictions in Australia, suggesting the era of self-regulation for tech platforms may be ending worldwide. The law was originally inspired by a 2023 U.S. Surgeon General warning about the "profound risk of harm" social media poses to youth mental health.
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