NetChoice v. Yost
| NetChoice v. Yost | |
|---|---|
| Full case name | NETCHOICE, LLC v. DAVE YOST, in his official capacity as Ohio Attorney General |
| Argued | January 8, 2024 (Motion for Temporary Restraining Order), February 7, 2024 (Motion for Preliminary Injunction)–March 12, 2025 (Motion for Permanent Injunction) |
| Decided | January 9, 2024 (Temporary Restraining Order) February 12, 2024 (Preliminary Injunction) April 16, 2025 (Summary Judgement) |
| Court membership | |
| Judge sitting | Algenon L. Marbley |
NetChoice v. Yost is a lawsuit challenging the constitutionality of the Social Media Parental Notification Act.[1] The lawsuit was filed in the Southern District of Ohio and the Judge for the case is Algenon L. Marbley.
Social Media Parental Notification Act
The law requires any that has user generated content and is likely to be used by minors 16 to not allow minors under 16 to enter a "contract" on their service unless they parental consent and they must also verify the Identity of a parent by a government issued ID Card.[2]
The law excludes Cloud Storage Services, Broadband internet services, search engines, or services that are used to review products and "widely recognized" news outlets.[2]
Violating the law for first 60 days of non-compliance is a fine that 1,000 dollars per day of non-compliance, and non-compliance for 61—90 days is a fine of 5,000 dollars per day of non-compliance and 90 days and onward of non-compliance can result in fines tat 10,000 dollars per day of non-compliance with the law, the law is enforced by the Attorney General of Ohio.[2]
Legal history
On January 5, 2024, NetChoice sued the Dave Yost who is the Attorney General of Ohio in the U.S District Court for the Southern District of Ohio.[1]
The same day that NetChoice sued that filed a motion for a temporary restraining order (TRO) and 4 days later on January 9, 2024, Judge Marble granted the TRO and had already scheduled a hearing for a preliminary injunction for February 7, 2024.[3] The Governor of Ohio Mike DeWine was upset with the decision claiming he supported the bill because parents should have a role in social media and to mitigate harms caused by social media.[4]
A hearing was held on February 7, 2024, for a Preliminary Injunction. Judge Marbley granted an injunction, holding that the law was vague and violated the First Amendment.[5][6]
On May 3, 2024, Both NetChoice and Dave Yost filed motions for a permanent injunction.[7]
On April 16, 2025, Judge Algenon Marbley granted NetChoice's summary judgment and denied Ohio's summary judgement therefore permanently enjoining the law.[8]
On May 12, 2025, Ohio would appeal the case to the U.S Court of Appeals for the 6th Circuit.[9]
References
- ^ a b A group representing TikTok, Meta and X sues Ohio over new law limiting kids’ use of social media | NEWS10 ABC
- ^ a b c Section 1349.09 - Ohio Revised Code | Ohio Laws
- ^ Judge Temporarily Halts Ohio Kids' Social Media Access Law
- ^ Governor DeWine, Lt. Governor Husted Release Statements Following Court Decision that Temporarily Blocks Social Media Parental Notification Act | Governor Mike DeWine
- ^ Judge hears arguments on Ohio's hot-button social media law, decision coming Friday
- ^ A judge has blocked enforcement of an Ohio law limiting kids’ use of social media during litigation | AP News
- ^ Tech industry group wants judge to block Ohio's social media consent law permanently • Ohio Capital Journal
- ^ Judge strikes down an Ohio law limiting kids' use of social media as unconstitutional - CBS Pittsburgh
- ^ Ohio attorney general appeals ruling that struck down social media age verification law