COLUMBUS, Ohio (WCMH) -- A federal judge on Wednesday struck down an Ohio law that would have required social media companies to verify the ages of its users and verify parental consent for users under the age of 16.
Judge Algenon L. Marbley, a Clinton appointee, said in his final judgement that the law is unconstitutional because it violates the First Amendment. The judge said Attorney General Dave Yost cannot enforce the law.
Marbley previously placed a temporary injunction on the law, blocking it from going into effect in 2024 after a lawsuit was filed challenging the law.
NetChoice filed the lawsuit in January 2024, claiming that the law was unconstitutional, and the social media companies would be harmed if the law were to go into effect.
Ohio bill would create emergency alerts for escaped inmatesUnder the law, social media companies would have had to develop methods for verifying the ages of its users by asking for government ID, credit or debit card information, or a digital consent form. Users under 16 would have had to get "verifiable parental or legal guardian consent."
NetChoice argued that the law was so vague that it would have restricted access to sites regardless of the type of content.
"This Court lauds the State's effort through the Act to protect the children of this state," Marbley wrote in his judgment. "This Court finds, however, that the Act as drafted fails to pass constitutional muster and is constitutionally infirm. And in this constitutional democracy, it cannot be gainsaid that even the government's most noble entreaties to protect its citizenry must abide in the contours of the U.S. Constitution, in this case the First Amendment."
Read Marbley's full order below
NetChoice celebrated the ruling.
"NetChoice's victory in Ohio joins federal courts nationwide in finding age verification and barriers to lawful information unconstitutional," Director of Litigation Chris Marchese said in a statement. "The decision confirms that the First Amendment protects both websites' right to disseminate content and American's right to engage with protected speech online, and policymakers must respect constitutional rights when legislating."
Yost's office is reviewing the decision to determine the next steps, according to a spokesperson.
State lawmakers are now considering a bill that would require consent in app stores instead of on individual social media apps.
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