A federal judge has struck down an Ohio law that places limitations for social media usage on teens, marking another win for Big Tech companies fighting similar legislation across the country.
The tech industry group NetChoice — a trade association representing many of the largest tech companies in the U.S. — scored another win over concerned parents on Wednesday after Judge Algenon L. Marbley granted a permanent injunction against the Social Media Parental Notification Act in a decision for the U.S. District Court for the Southern District of Ohio, according to a report by Bloomberg Law.
The law — which Ohio Attorney General Dave Yost (R) is now prohibited from enforcing due to Judge Marbley — mandated that social media platforms verify their users are at least 16-years-old, and establish parental consent for younger users.
In its January 2024 complaint, NetChoice claimed the legislation was in violation of the First and 14th Amendment, because it required Ohio residents to give up their personal data in order to obtain access to a platform.
“Generally, First Amendment protections ‘are no less applicable when government seeks to control the flow of information to minors,’” the judge said, adding that the law needed to satisfy strict scrutiny, given it is a content-based restriction — which suggested the legislation restricted children’s ability to speak and hear speech.
Ohio Governor Mike DeWine (R), meanwhile, called Judge Marbley’s preliminary injunction “disappointing” and asked Congress to “protect our country’s children.”
“Protecting children’s well-being is a laudable, perhaps even achievable, goal,” Marbley said. “But Ohio’s imperative is to achieve this goal through legislation that is constitutional.”
Ohio AG Dave Yost’s office responded by stating, “We’re reviewing the decision and will determine the next steps.”
Ohio is not the only state NetChoice has challenged in court. The trade association has also gone after similar legislation — in California and Utah — and recently won a permanent injunction that stopped a similar law in Arkansas.
The case is NetChoice, LLC v. Yost, S.D. Ohio, No. 2:24-cv-00047, 4/16/25.
Alana Mastrangelo is a reporter for Breitbart News. You can follow her on Facebook and X at @ARmastrangelo, and on Instagram.
