An organization comprising tech giants such as Facebook, Instagram, Nextdoor, Pinterest, Threads, X (formerly Twitter), and YouTube, known as NetChoice, has filed a federal lawsuit against Ohio’s Attorney General, Dave Yost. The legal action, submitted on Friday in the U.S. District Court for the Southern District of Ohio, challenges Ohio’s new requirements mandating parental consent for children under 16 to open social media accounts.
Ohio’s legislation, named the Social Media Parental Notification Act, is set to take effect on January 15, and NetChoice contends that it infringes upon the constitutional right to free speech and lacks clarity. The organization is urging the court to declare all provisions of the act as unlawful and unenforceable.
The Social Media Parental Notification Act was included in the state’s 6,000-page budget bill passed by the legislature over the summer. The requirements were introduced at the request of Lieutenant Governor Jon Husted, who was moved by the tragic experience of James Wood’s parents. Wood, from Streetsboro in Portage County, died by suicide after facing online sexual extortion.
In response to the lawsuit, Husted expressed that it was not unexpected and accused the companies of attempting to expose children to harmful content and addict them to their platforms. He emphasized the detrimental impact of excessive time on these platforms on children’s health and well-being, urging the companies to withdraw the lawsuit.
NetChoice, however, argues that Ohio’s intentions to protect young people’s mental health led to legislation that violates constitutional rights and undermines a parent’s authority. The organization asserts that the act impedes minors’ ability to engage in speech on various websites and covers a broad range of online platforms.
The lawsuit claims the law is unconstitutional as it violates free speech protections for both speakers and content. Notably, established and recognized media outlets are excluded from the act, rendering it content-based. The suit also argues that the law is unconstitutionally vague, applying to websites targeting children or reasonably expected to be accessed by kids, with no clear guidelines for compliance.
Ohio’s requirements demand that social media platforms obtain parental permission through various means, including email, mail, fax, a toll-free telephone number, or video conference, before allowing users under 16 to open accounts. The companies must verify the adult’s identity by checking a government-issued ID, and Yost’s office is tasked with investigating claims of non-compliance.
Currently, 11 predominantly conservative states, including Utah and Arkansas, have enacted laws or resolutions addressing children’s use of social media, according to the National Conference of State Legislatures.