Sixth Circuit judges uphold Ohio's age verification law for social media, websites
by Karen Kasler, StateHouseNews.com, June 19, 2026A federal court in Cincinnati has upheld a 2024 state law requiring age verification on social media and websites for kids under 16, ending the order blocking the law. But the court battle over the law is likely to continue.
Three judges on the Sixth Circuit Court of Appeals sided with the state, which said the age verification provision that was tucked into the budget signed in 2023 would protect kids’ mental health. The tech lobbying group NetChoice challenged on First Amendment grounds, claiming requiring ID to access lawful online material is an unconstitutional restriction on free speech. The group also claimed the law is unconstitutionally vague.
The judges split on the ruling, with two saying the law imposes a parental consent requirement, and that NetChoice can't claim free speech violations on behalf of minors.
Judge Eric Clay wrote that the parental consent requirement "constitutes a marginal burden that precisely targets the multi-faceted problem that Ohio has identified: Children’s unsupervised assent to terms and conditions for use of platforms that take advantage of and harm them.”
In her opinion joining Clay's Judge Alice Batchelder wrote, "I acknowledge that the coverage provision likely covers a substantial number of website operators, and this appears to be NetChoice’s chief complaint—even in its void-for-vagueness arguments. But a statute is not vague just because it has a wide berth."
The decision sends the case back to U.S. District Court Judge Algenon Marbley to vacate his ruling from 2024 blocking the law.
READ: We MUST BAN Smart Phones & Social Media use by Children
Ohio Attorney General Andy Wilson said in a statement: “This ruling is a win for Ohio families. The court agreed that parents – not social media companies – should get a say in what kids see online. We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet. This decision gives parents the tools to be involved and provide oversight."
Paul Taske with NetChoice said in a statement that the decision threatens online privacy and the constitutional rights of all Ohioans. "Parents must remain in the drivers’ seat for parenting decisions. Ohio cannot step in and make those decisions in the first instance. But Ohio’s digital-ID law discards that constitutionally required dynamic. By requiring parents to override the government’s determination, Ohio has violated bedrock First Amendment principles," wrote Taske. “We are currently reviewing our options on how best to move forward."
WATCH: Jordon Peterson and Dr. Haidt Podcast on Why We MUST Stop the Carnage Caused by Social Media!
The Social Media Parental Notification Act passed as part of the state budget in summer 2023 and was set to become law in January 2024. Just days before, NetChoice sued, and the law was put on an indefinite pause through Wednesday’s ruling.
