Court Halts California Social Media Restrictions

A federal appellate panel has temporarily blocked enforcement of a California law that would have prohibited social media platforms from algorithmically recommending posts to minors without their parents' consent.

The injunction, issued late Tuesday by a three-judge panel of the 9th Circuit Court of Appeals, will remain in effect until the court rules on the constitutionality of the Protecting Our Kids From Social Media Addiction Act (SB976).

The tech organization sued last year to invalidate the measure, which was passed last year and had been slated to take effect January 1. NetChoice argued in its request for an injunction that web publishers have First Amendment right to recommend content, and teens have a constitutional right to access content.

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Earlier this month, U.S. District Court Judge Edward Davila in the Northern District of California blocked enforcement of some provisions in the law, but said NetChoice had not proven that the restrictions on algorithmic recommendations were unconstitutional. Davila later stayed the entire law on an emergency basis, but only until February 1.

When Davila upheld the restrictions on recommendations, he noted that they don't require platforms to remove any posts.

“Users may still access all posts by searching through the social media platforms,” Davila wrote.

NetChoice -- which counts Meta, Snap, Google and other large tech companies as members -- appealed Davila's ruling to the 9th Circuit, and asked that court to grant a preliminary injunction against enforcement.

Among other arguments, NetChoice says that even if the law doesn't require social platforms to remove speech, the restrictions on recommendations limit the ability to offer compilations.

California Attorney General Rob Bonta opposed NetChoice's request, arguing that the law's restrictions “pursue a compelling interest -- the physical and mental health of children and teens -- while focusing narrowly on features that cause children and teens harm.”

“The state’s compelling interest is to protect the physical and mental health of minors, which includes limiting their access to addictive feeds,” Bonta argued.

NetChoice is expected to file additional arguments by Thursday, and Bonta is expected to respond by the end of February.

The 9th Circuit plans to hear arguments in the matter in April, after which it will decide whether to permanently strike down the law.

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