A federal judge said 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 ruled on Thursday that the trade group NetChoice deserved a preliminary injunction because it was likely to show the California Age-Appropriate Design Code Act violated its members’ free speech rights under the Constitution’s First Amendment.
NetChoice said the law would turn its 39 members including Amazon.com (AMZN.O), Google (GOOGL.O), Facebook and Instagram parent Meta Platforms (META.O), Netflix (NFLX.O) and Elon Musk’s X into state-deputized censors, and “censor the internet under the guise of privacy.”
The office of California Attorney General Rob Bonta, which defended the law, did not immediately respond on Friday to requests for comment.
Ambika Kumar, a lawyer for NetChoice, called the law “a breathtaking act of unconstitutionally vague and overbroad, content-based censorship. We are pleased to see it enjoined.”
Signed by Governor Gavin Newsom in September 2022, California’s law 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 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.
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