��֭����

In July 2023, Ohio—following the path of an increasing number of states—enacted its Parental Notification by Social Media Operators Act to require children under 16 to obtain parental consent before creating a social media account, and to thus require all users, including adults, to age-verify in order to access social media. The Southern Ohio District Court permanently enjoined enforcement of the statute. Ohio appealed to the Sixth Circuit.

The Ohio law, which subjects social media platforms to substantial civil penalties, burdens certain types of communications—social media—without demonstrating a compelling state interest as the First Amendment requires. While Ohio claims children’s access to social media can potentially harm them, it offers no reliable evidence to support that claim, or any evidence the law will address Ohio’s concerns. The law also uses vague terms that fail to provide adequate notice to the platforms and users it regulates. This government overreach robs all Ohio citizens of the right to anonymously access lawful content and denies minors the “robust First Amendment protections” that the Supreme Court has repeatedly recognized.

On October 10, 2025, FIREfiled a friend of the court brief with the U.S. Court of Appeals for the Sixth Circuit, asking it to affirm the permanent injunction and protect the First Amendment rights of Ohio citizens online. In addition to this brief, FIREhas filed friend of the court briefs opposing similar state laws in the Fifth, Ninth, and Tenth Circuits.