Temporarary Restraining Order Halts Ohio Social Media Parental Notification Act. What Happens Now?
Per the blog post published on January 6th, 2024 the Ohio Social Media Parental Notification Act was supposed to go into effect on January 15, 2024. However, on Tuesday, January 9th, a temporary restraining order was granted out of the United States District Court for the Southern District of Ohio.
The Ohio Social Media Parental Notification Act requires parents of children under 16 to give consent for their child to use social media sites such as TikTok, Instagram, Snapchat, and Facebook. Additionally, the law would require social media sites to comply with this law or face civil penalties. To read more on the Act visit our blog post here
Issues with the Ohio Social Media Parental Notification Act arise from what a “social media operator” is actually defined to be. NetChoice, a tech trade association challenged the law stating that it violated free speech principles because there is no notice as to the specific sites that will be impacted by this law.
A violation of free speech?
The Chief United States District Judge Algenon L. Marbley wrote that NetChoice had legal standing and that, “if [this Act] were enacted on January 15th, Ohio’s social media law would bring financial harm to social media operators, which would have to spend significantly in order to comply with the law.”
Also, Judge Marbley voiced apprehension that this Act is not “narrowly tailored” to fix harm associated with social media. In order for this Act to be constitutional, Ohio would have to prove the law is narrowly tailored to address these harms, or the law would constitute a violation of free speech. To read more on the judge’s decision, please click here.
The next Court date to deliberate a preliminary injunction is set for February 7th. Follow our blog to stay updated on what happens next!
PUBLISHER’S NOTE:
Special thanks to law extern Anna DeFilippo for writing this! Great job! Anna just started her externship with Holzfaster, Cecil, McKnight & Mues. Welcome aboard! Anna will be graduating from the University of Dayton School of Law in January of 2025.
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
