Ohio lawmakers made it very clear they wanted to protect children from online harms back in 2023, when they passed a law mandating that minors under the age of 16 could not use social media unless they obtained parental consent.
But just one month after the new law went into effect in 2024; a big tech advocacy group called NetChoice went to federal court and obtained a preliminary injunction keeping the law from going into effect, because, they argued; it violated children’s First Amendment right to free speech, guaranteed by the US Constitution.
Then, in 2025, a federal judge made that preliminary injunction permanent, barring it from going into effect–until now.
That’s because the US Sixth Circuit Court of Appeals ruled this month that NetChoice not only had no legal standing in the case, but also, that the companies they were representing were actually harming the children whose free speech they were purportedly trying to protect.
But will this new law actually do anything to really protect children from online threats associated with social media including cyberbullying, sexual predators, anxiety, depression, self-harm, and more?
To find out, and to explore some of complex legal issues surrounding the case; we talked with University of Akron Associate Law Professor, Jess Miers. Her professional background includes working in the tech industry, and she teaches classes on technology-related legal issues.
Listen now.
Biography
Jess Miers is a Visiting Assistant Professor of Law at the University of Akron School of Law. A lawyer and technologist, Jess focuses on the intersection of law and technology, with recent research and scholarship centered on Generative AI. Jess is recognized as an expert in U.S. online intermediary liability law and has extensively written, spoken, and taught on issues such as online speech and Section 230, content moderation, intellectual property, and cybercrime.
Previously, Jess served as Senior Counsel and Senior Copyright Counsel for Chamber of Progress, a progressive tech trade association based in Washington, D.C., where, among many things, she helped build and lead the organization's recent AI initiative, "Generate and Create." During her time at Chamber of Progress, Jess authored numerous appellate amicus briefs, including a brief in the recent Supreme Court cases NetChoice & CCIA v. Moody & Paxton. Before joining Chamber of Progress, Jess was a Senior Government Affairs & Public Policy Analyst at Google, where she oversaw state and federal content policy portfolios and collaborated with litigation teams on key online speech issues currently under review by the U.S. Supreme Court.
Jess earned her Juris Doctor from Santa Clara University School of Law in 2021, where she also received the Tech Edge J.D. Certificate. She holds a bachelor's degree in computer science from George Mason University and previously worked as a Software Engineer in Northern Virginia. Throughout her legal education, Jess worked at various organizations, including Twitter, TechFreedom, The UCLA Technology Law and Policy Institute, and Google, cultivating a deep expertise in Internet law and policy.