NetChoice Presses 9th Circuit to Further Block Calif. Social Media Law
Days after winning a temporary injunction, NetChoice filed a brief Thursday in its appeal of the U.S. District Court for Northern California’s ruling that partially granted and partially denied the association’s motion for preliminary injunction on a law regulating addictive social media feeds for minors. While on Tuesday the 9th U.S. Circuit Court of Appeals enjoined Attorney General Rob Bonta (D) from enforcing the law while the appeal is pending (see 2501280074), the brief asked the 9th Circuit to “reverse those parts of the district court’s order denying a preliminary injunction” entirely.
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“That outlier holding flouts Supreme Court and Circuit precedent,” NetChoice said. “It also makes zero sense as a matter of first principles. And it could allow the government to ban personalized feeds entirely -- even for adults -- across a wide range of traditional and online media.”
The brief also alleges that the district court is the “first federal court in the country to uphold a law requiring minors to secure parental consent to view protected speech on social media websites” when it declined in substantial part to enjoin SB-976. NetChoice listed First Amendment concerns with three restrictions imposed by the act and privacy concerns with the law's age-assurance requirement.
Common Sense Media on Wednesday defended the California law about addictive feeds. The 9th Circuit's temporary injunction "will not deter our commitment to protecting children from social media's addictive design features that prioritize engagement over well-being,” said Holly Grosshans, senior counsel for tech policy at Common Sense Media. “The facts haven't changed since this law was passed with overwhelming bipartisan support. Social media platforms continue to harm young people's mental health through deliberately addictive design features.”
In November, NetChoice sued Bonta, alleging the bill undermines free speech and privacy principles and leaves Californians at risk of data breaches and identity theft (see 2501060009). Oral argument is scheduled for April. SB-976 won't be enforced until a decision is made.
"We remain confident that SB 976 will ultimately be upheld to address a genuine public health crisis affecting California's youth,” said Grosshans. “While we await the hearing in April, Common Sense Media will continue working alongside California's Department of Justice and our partners to defend this vital legislation. The tech industry's resistance to reasonable regulation only underscores why these protections are so desperately needed. Our children's well-being must take precedence over tech company profits."