A federal judge has ruled against Ohio's Social Media Parental Notification Act, which mandated parental consent for children under 16 to use social media. The judge deemed the law unconstitutional, violating First Amendment rights. Signed in 2023, the law was set to take effect in January 2024 but faced legal challenges from NetChoice, a Big Tech-backed group. This ruling aligns with recent victories for NetChoice against similar laws in Arkansas and California, emphasizing the need to balance free speech rights with parental authority in the digital age.
"This case resides at the intersection of two unquestionable rights: the rights of children to 'a significant measure of' freedom of speech and expression under the First Amendment, and the rights of parents to direct the upbringing of their children free from unnecessary governmental intrusion," Judge Marbley writes.
"The decision confirms that the First Amendment protects both websites' right to disseminate content and Americans' right to engage with protected speech online, and policymakers must respect constitutional rights when legislating," NetChoice director of litigation Chris Marchese said.
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