Why Ohio's App Store Accountability Act Is Constitutional and Necessary

The freedom to speak, freely exercise your religion and determine how to best to raise our families are fundamental freedoms. But freedom is different from lawlessness, and it certainly is not the same as corporate apathy to the content our children may find on the web.

Ohio’s House Bill 226, the App Store Accountability Act, is not only necessary, but constitutional, commonsense legislation that empowers parents, protects children and respects the First Amendment. As First Amendment attorneys dedicated to protecting these beliefs, we have examined Ohio’s proposal, and the analysis is clear — it protects our children and is consistent with the First Amendment to the United States Constitution.

The online world provides access to vast resources across the globe and now our children grow up with it from the moment they are born. It brings tremendous opportunities for education, growth and connection, but it also creates unprecedented exposure to potentially harmful and exploitative content — including online predators. When that exposure comes through devices and platforms that knowingly allow children to create accounts and consume such content without trusted safeguards, the state has not only the right, but the obligation to act.

Let’s start where many critics focus: the First Amendment. The Supreme Court has made clear that while obscene content can be restricted, laws targeting such material must avoid inadvertently sweeping up constitutionally protected speech. It does not ban speech. It does not censor. It does not regulate speech. What it does is place decision-making power where it belongs — with parents, not government bureaucrats or corporate executives.

Rather than picking and choosing which content is acceptable, this bill provides an easy solution to a difficult problem by stating parents must consent before their child can download an app.

Unlike other recent laws that were struck down for regulating speech based on what topics apps covered or which audiences they “targeted,” this bill treats all app store providers and platforms equally. It draws no line between social media, a weather app or a Bible app. There are no carveouts for favored platforms or exceptions based on the content of speech. That neutrality is not only wise policy — it is a constitutional necessity.

Recently, the Supreme Court of the United States examined age verification for online websites and removed all doubt that it was constitutional to require companies to verify the ages of users. Distinguishing between children and adults when signing up for apps is no different, and an appropriate power of the state to ensure children are not receiving potentially harmful content while ensuring adults maintain their First Amendment rights. The Supreme Court was clear, ruling that “adults have no First Amendment right to avoid age verification…”

Let’s not forget that children cannot sign enforceable contracts without parental consent in nearly every other area of life — whether they’re getting a driver’s license, joining a sports league or opening a bank account. App store agreements and in-app purchases are commercial contracts. HB 226 rightly ensures that when children engage in this kind of commercial conduct online, they do so with parental approval. That’s not a First Amendment issue — it’s basic consumer protection.

Finally, this legislation does not burden adults or compromise privacy in any meaningful way. We are repeatedly asked to verify our age to purchase alcohol, nicotine, buy firearms or get married. Today, anyone opening or purchasing anything on the web has to enter name, email, date of birth and address.

HB 226 simply requires app store providers to confirm those details with minimal intrusion — nothing more than what’s already expected in countless commercial transactions that separate children from adults. Even better, these app stores already collect the necessary information to securely share that information to ensure children are identified and protected.

Ohio has a chance to join Texas, Utah and Louisiana who have already passed the App Store Accountability Act this year and lead the nation with a balanced, constitutional approach to keep kids safe while also ensuring parents are informed and involved in their online activities.