Calif. AG to 9th Circuit: Kids Social Media Bill is Constitutional
California Attorney General Rob Bonta (D) filed an answering brief in the 9th U.S. Circuit Court of Appeals Thursday, reiterating that the bill regulating kids’ social media feeds at the center of the case is constitutional, and that plaintiff NetChoice failed to compile a record showing how the legislation would impact platforms -- including those of NetChoice members -- across the internet.
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“Like the court below, this Court should conclude that NetChoice has not shown that it is entitled to a preliminary injunction on the First Amendment claims at issue in this interlocutory appeal,” said Bonta in the brief. “That outcome is doubly appropriate in this case, because -- even if NetChoice had submitted a sufficient record -- SB976 survives constitutional review.”
In November, NetChoice sued Bonta, alleging SB-976, titled Protecting Our Kids from Social Media Addiction Act, undermines free speech and privacy principles and leaves Californians at risk of data breaches and identity theft (see 2501060009) The U.S. District Court for Northern California rejected the largest parts of NetChoice’s challenge, which NetChoice then appealed, in addition to asking the court for a preliminary injunction (see 2501060009). The 9th Circuit Court enjoined the AG from enforcing the bill while the appeal is pending on Jan. 28 (see 2501280074), and is set to hear oral argument in early April (see 2502190054).