The June 18 reversal is subject to an August 17 mandate stay. Enforcement remains blocked while NetChoice seeks Supreme Court review, subject to the order’s petition-filing condition.
Ohio Parental Notification Act
BadLawOhio HB 33 (2023)
Ohio, United StatesHigh threat
Ohio, United StatesHigh threatEnforcement remains blocked; appellate mandate stayed pending Supreme Court review process
- Introduced
- Passed House
- Passed Senate
- Became Law
Stage 4 of 4: Became Law
Ohio's under-16 parental-consent law remains blocked while the appeals court’s mandate is stayed to allow NetChoice to seek Supreme Court review.
Latest update
Sixth Circuit stayed its mandate to allow a Supreme Court petition, preventing the reversal from taking effect
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Take action on this issueWhat it does
The Act requires covered platforms to obtain verifiable parental consent before children under 16 create accounts. A district court permanently blocked enforcement in April 2025. On June 18, 2026, a divided Sixth Circuit reversed and directed judgment for Ohio, concluding that NetChoice had not established facial unconstitutionality. On August 17, the court stayed its mandate, keeping that reversal from taking effect while NetChoice seeks Supreme Court review. The order provides for the mandate to issue if no petition is filed within ninety days of the court’s final judgment; it does not mean the Supreme Court has agreed to hear the case.
What’s at stake
Parental-consent requirements can pressure services to verify users’ ages and collect additional personal information. The fractured appeals decision makes facial challenges harder, but it was not simply a ruling that nobody had standing. A reversal and permission to begin enforcement are separate procedural questions.
Our take
We oppose government-imposed identity and parental-consent gates for access to lawful speech. The mandate stay preserves protection against enforcement for now; it is not a final victory or a repeal. Further court orders and any Supreme Court petition need monitoring before describing the law as enforceable.
Timeline
Sixth Circuit stayed its mandate to allow a Supreme Court petition, preventing the reversal from taking effectLatest
Full Sixth Circuit refused to rehear the case
NetChoice petitioned the full Sixth Circuit for rehearing
Divided Sixth Circuit reversed the district court’s judgment and directed judgment for Ohio; mandate issuance is a separate step
District court permanently enjoined the law as unconstitutional
Enacted in Ohio's budget bill (HB 33)
Legal challenges
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