Written by: Haim Ravia, Dotan Hammer
In NetChoice, LLC v. Yost, the U.S. Court of Appeals for the Sixth Circuit reversed a district court judgment that had struck down Ohio’s Parental Notification by Social Media Operators Act (H.B. 33, codified at Ohio Rev. Code § 1349.09). A majority of the panel held that NetChoice had failed to establish that the Act is facially unconstitutional.
The legislation, originally signed by Governor Mike DeWine in 2023, targets platforms that allow users to interact socially, construct public profiles, and post content viewable by others. It requires that social media platforms obtain “verifiable parental consent” before allowing children under the age of 16 to create accounts. Ohio Attorney General Dave Yost defended the law as a necessary tool to combat the “deleterious effects” of social media on youth mental health, citing evidence linking platforms to increased rates of depression, anxiety, body dysmorphia, and exposure to sexual predators.
Writing the lead opinion, Circuit Judge Clay acknowledged that the Act burdens protected speech but concluded that it survives “strict scrutiny”. The court found the law narrowly tailored to the state’s compelling interest in protecting minors from “predatory contracting” and features—such as infinite scroll and push notifications—designed by operators to “maximize engagement” and harvest lucrative data from vulnerable users.
The panel was sharply divided in its reasoning. Judge Batchelder concurred in the reversal but argued that NetChoice failed to meet the rigorous burden for a “facial challenge” under the Supreme Court’s Moody framework. In contrast, Judge Ritz dissented, characterizing the Act as a “breathtakingly blunt instrument” that unconstitutionally supplants parental authority and prevents minors from accessing “vast democratic forums”.
The court further rejected claims that the law was unconstitutionally vague. While NetChoice argued the criteria for “targeting children” were subjective, the court maintained that major operators could not credibly claim uncertainty regarding whether their sites are “reasonably anticipated to be accessed by children”. The case has been remanded with instructions to enter judgment in favor of the state.
Click here to read the Sixth Circuit’s decision in NetChoice, LLC v. Yost.
