ACLU of Ohio Files Amicus Brief, Raising First Amendment Concerns Regarding Age Verification Laws

Columbus, OH – Today, the American Civil Liberties Union, the ACLU of Ohio, and the Electronic Frontier Foundation filed a brief as amicus curiae in Ohio’s 6th District Court of Appeals in support of NetChoice in NetChoice v. Yost, a case addressing the First Amendment concerns of minors as a result of an Ohio law requiring age verification for social media accounts.

In 2023, Governor DeWine signed House Bill 33, Ohio’s fiscal budget, which included a measure requiring social media companies to verify users’ ages and receive parental consent for individuals under 16 to create an account. Originally set to take effect in January 2024, the provision was permanently enjoined in April in federal court by U.S. District Judge Algenon Marbley due to constitutional concerns. The case was brought by NetChoice, a trade association that advocates for freedom of expression on the internet. In August, Attorney General Dave Yost appealed the ruling to the U.S. Court of Appeals for the Sixth Circuit.

The amicus brief submitted by the organizations supports the trial court’s decision, urging the appellate court to uphold the ruling on the ground that the law violates minors’ First Amendment rights. The statute’s parental consent requirement is not limited to content that may be deemed unsuitable for young people, but instead applies to social media platforms and websites generally. This overbroad, vague provision burdens youths’ constitutionally protected access to free speech and also places undue burdens on parents or guardians who are forced to undergo an age verification process.

Statement from ACLU of Ohio Chief Legal Officer, Freda Levenson:

“Simply put, this statute violates the First Amendment. Aside from certain, specific categories of speech — most notably obscenity — minors have the same First Amendment rights as adults. Although the Supreme Court of the United States has upheld a scheme requiring age verification to access sites with primarily adult content, the Ohio statue is distinguishable because it burdens access to all content. This is clear government overreach.”

The organizations urge the 6th District Court of Appeals to uphold the permanent injunction granted by the federal court.