By Julie Carr Smith
COLUMBUS, Ohio (AP) --A federal judge issued an order Tuesday temporarily halting enforcement of a pending Ohio law that would require children to get parental consent to use social media apps.
U.S. District Court Judge Algenon Marbley's temporary restraining order came in a lawsuit brought Friday by NetChoice, a trade group representing TikTok, Snapchat, Meta and other major tech companies. The litigation argues that the law unconstitutionally impedes free speech and is overbroad and vague.
While calling the intent to protect children "a laudable aim," Marbley said it is unlikely that Ohio will be able to show the law is "narrowly tailored to any ends that it identifies."
"Foreclosing minors under sixteen from accessing all content on websites that the Act purports to cover, absent affirmative parental consent, is a breathtakingly blunt instrument for reducing social media's harm to children," he wrote.
The law is similar to those enacted in other states. It was set to take effect Jan. 15.
Besides requiring social media companies to obtain a parent's permission for children under 16 to sign up for social media and gaming apps, it also mandates that the companies provide parents with their privacy guidelines, so that families can know what content will be censored or moderated on their child's profile.
The Social Media Parental Notification Act was part of an $86.1 billion state budget bill that Republican Gov. Mike DeWine signed into law in July. The administration pushed the measure as a way to protect children's mental health, with Republican Lt. Gov. Jon Husted saying at the time that social media was "intentionally addictive" and harmful to kids.
Husted expressed disappointment in the judge's action Tuesday.
"The big-tech companies behind this lawsuit were included in the legislative process to make sure the law was clear and easy to implement, but now they claim the law is unclear," he said in a statement. "They were disingenuous participants in the process and have no interest in protecting children."
The governor also lamented the decision.
"The negative effects that social media sites and apps have on our children's mental health have been well documented, and this law was one way to empower parents to have a role in their kids' digital lives," he said in a statement.
NetChoice filed suit against GOP Attorney General Dave Yost in U.S. District Court for the Southern District of Ohio. The group has won lawsuits against similar restrictions in California and Arkansas.
Harvey Weinstein hit with new sex crime charge in New York
Harvey Weinstein pleaded not guilty Wednesday to a new sex crime charge in New York, as he awaits retrial in his landmark #MeToo case.
Details of the new allegations were not immediately available. He was charged with committing a criminal sex act.
The jailed ex-movie mogul has long maintained that any sexual activity was consensual.
Prosecutors revealed last week that Weinstein had been indicted on additional sex crime charges that weren't part of the case that led to his now-overturned 2020 conviction. But the new indictment was sealed until his arraignment.
Prosecutors have said that the grand jury heard evidence of up to three alleged assaults — two in hotels in the Tribeca neighborhood and one at a lower Manhattan residential building. The purported incidents took place from the mid-2000s to 2016, prosecutors said.
But it's not clear whether any of those allegations underlie the new indictment.
While bracing for the new charges, Weinstein also is awaiting retrial after New York state's highest court this spring overturned his 2020 conviction on rape and sexual assault charges involving two women. The high court, called the Court of Appeals, ordered a new trial, which is tentatively scheduled to begin Nov. 12.
The Court of Appeals ruled that the then-trial judge unfairly allowed testimony against him based on allegations that were not part of the case. That judge's term expired in 2022, and he is no longer on the bench.
Prosecutors have said they'll seek to fold the new charges into the retrial, but Weinstein's lawyers say it should be a separate case.
Weinstein, who also was convicted in 2022 in a Los Angeles rape case, remains behind bars while awaiting his New York retrial.
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