ACLU urges appeals court to uphold age verification injunction

COLUMBUS, Ohio — The American Civil Liberties Union (ACLU) of Ohio and the Electronic Frontier Foundation are raising concerns for minors’ first amendment rights by filing an amicus curiae in Ohio’s 6th District Court of Appeals.

NetChoice, an advocate for freedom of expression on the internet, filed the amicus brief to the court to urge justices to uphold a ruling that determined the measure was unconstitutional.

The associations argues the provision is over-broad and burdens youths’ free speech rights.

“Simply put, this statute violates the First Amendment,” said ACLU of Ohio Chief Legal Officer, Feda Levenson. “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 statute is distinguishable because it burdens access to all content. This is clear government overreach.” 

House Bill 33, signed by Gov. Mike DeWine, R-Ohio, in 2023, includes a measure that requires minors to verify their age before creating a social media account. The legislation also requires apps like Instagram and Snapchat, among others, to ask for parental consent for children under 16 to create an account.

In April, District Judge Algenon Marbley enjoined this part of the bill, which was set to take effect in Jan. 2024, because of freedom of speech concerns.

Attorney General Dave Yost appealed the ruling to the appeals court in August.

To read the full amicus brief, click here.