CINCINNATI, Ohio—Today, the U.S. Court of Appeals for the Sixth Circuit issued a divided opinion vacating the preliminary injunction in NetChoice v. Yost. This decision threatens the online privacy and constitutional rights of every Ohioan, but NetChoice remains fully confident that this unconstitutional law will ultimately be struck down permanently.
“An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected,” said Paul Taske, Director of the NetChoice Litigation Center.
“Parents must remain in the drivers’ seat for parenting decisions. Ohio cannot step in and make those decisions in the first instance. But Ohio’s digital-ID law discards that constitutionally required dynamic. By requiring parents to override the government’s determination, Ohio has violated bedrock First Amendment principles,” Continued Taske. “We are currently reviewing our options on how best to move forward.”
The Sixth Circuit’s split decision breaks with a clear national consensus. Federal courts across the country have repeatedly blocked identical digital ID laws in states like Arkansas, Louisiana, and Georgia because they violate basic First Amendment principles. Websites possess clear editorial discretion to curate online communities under Moody v. NetChoice, and the government cannot sentence speech on the internet to death by a thousand cuts. And, as the Supreme Court has made clear, when it comes to fully protected speech, the government cannot impose roadblocks on what users see, say, and share online.
WHY OHIO RESIDENTS SHOULD CARE ABOUT NETCHOICE V. YOST:
- The First Amendment is undermined for everyone. By forcing platforms to restrict access to lawful information, the state is actively rationing online speech and dictating how citizens communicate.
- It creates an unnecessary cybersecurity risk. Forcing platforms to collect digital I.D. credentials creates a highly lucrative target for hackers and cybercriminals looking to steal personal info.
- It strips authority away from parents. The law usurps parental authority by inserting government bureaucrats directly into the digital living rooms of Ohio families.
Read the court’s order here.
Find case resources for NetChoice v. Yost here.