California’s Age-Appropriate Design Code Act Struck Down by Federal Judge
Free Speech Rights Prevail in Online Content Regulation
A federal judge has ruled that California cannot enforce a state law meant to shield children from online content that could harm them mentally or physically. U.S. District Judge Beth Labson Freeman granted a preliminary injunction to NetChoice, a trade group representing 39 online platforms, including Amazon.com, Google, Facebook, and Meta Platforms, Netflix, and Elon Musk’s X.
Content-Based Censorship
NetChoice argued that the California Age-Appropriate Design Code Act would turn its members into state-deputized censors, and "censor the internet under the guise of privacy." The group’s lawyer, Ambika Kumar, called the law "a breathtaking act of unconstitutionally vague and overbroad, content-based censorship. We are pleased to see it enjoined."
Judge’s Ruling
Judge Freeman ruled that the law imposed significant burdens and was not narrowly tailored to advance California’s alleged compelling interest in protecting children from bullying, harassment, sexual exploitation, sleep loss, and other harms. She wrote that "a regulation that focuses on the emotive impact of speech on its audience is content-based, and therefore must be drawn as narrowly as possible. The state has not shown that the is narrowly drawn here."
Background of the Law
Signed by Governor Gavin Newsom in September 2022, the California Age-Appropriate Design Code Act required businesses to create reports addressing whether their online platforms could harm children, and take steps before launch to reduce the risks. It also required businesses to estimate the ages of child users and configure privacy settings for them, or provide high settings for everyone. Civil fines could reach $2,500 per child for negligence and $7,500 per child for intentional violations.
Consequences of the Ruling
The ruling has significant implications for online platforms, which will no longer be required to comply with the California law. However, the battle is far from over, as the California Attorney General’s office has not yet commented on the ruling, and the law may be appealed.
FAQs
- What is the California Age-Appropriate Design Code Act?
The law was designed to protect children from online content that could harm them mentally or physically. - Who is NetChoice?
A trade group representing 39 online platforms, including Amazon.com, Google, Facebook, and Meta Platforms, Netflix, and Elon Musk’s X. - What did Judge Freeman rule on?
Judge Freeman granted a preliminary injunction to NetChoice, finding that the California law violated their free speech rights under the First Amendment. - What are the implications of the ruling?
The ruling means that online platforms are no longer required to comply with the California law, but the battle is far from over, and the law may be appealed.