“If the court subsequently concludes…that the law is a content-based regulation, it would apply strict scrutiny,” Judge Marbley asserted, signaling a challenging path for the government in justifying its stance.
Ohio blocks social media age law: Unintended Consequences and Costs
The judge also considered the potential harm to NetChoice members and Ohioan minors, pointing out the trade association’s convincing argument that compliance with the law would entail significant costs. He questioned the law’s effectiveness in addressing social media harm to children, labeling it a “blunt instrument” that might limit access to all content without addressing specific dangers.
Exception for Media Outlets Raises Questions
While the law includes an exception for “established” and “widely recognized” media outlets reporting news and current events, Judge Marbley noted the absence of clear guidelines for determining which media would qualify. This lack of clarity adds an additional layer of complexity to an already contentious legal battle.
Ohio blocks social media age law: What’s Next?
With the TRO in place, the legal battle intensifies, leaving the fate of Ohio’s social media age law hanging in the balance. The Ohio Attorney General’s Office is yet to respond to NetChoice’s claims, setting the stage for a crucial hearing next month.
