• by Wendy Davis  @wendyndavis, March 21, 2025

The tech industry group NetChoice is pressing a federal appellate court to block enforcement of a California law that prohibits social media platforms from algorithmically recommending posts to minors without parental consent.

California “identifies no legitimate governmental interest in requiring minors to obtain parental consent before accessing personalized feeds,” NetChoice writes in papers filed Thursday with the 9th Circuit Court of Appeals.

NetChoice's papers come in a battle over California's Protecting Our Kids From Social Media Addiction Act (SB976), which was passed last year and had been slated to take effect in January.

The tech group, which counts Meta, Snap, Google and other large tech companies as members, sued soon after the law was passed, arguing that it violates the First Amendment by restricting companies' ability to wield editorial control over the display of content.

U.S. District Court Judge Edward Davila in the Northern District of California only partially sided with NetChoice. He enjoined enforcement of some provisions, but said NetChoice hadn't proven that the restrictions on algorithmic recommendations were unconstitutional.

NetChoice recently appealed that ruling to the 9th Circuit Court of Appeals, which blocked enforcement while it considers the matter.

California Attorney General Rob Bonta argued last month that the law furthers California's goal of protecting “the physical and mental health and well-being of children and teens.”

But NetChoice counters in its new papers that this rationale is inconsistent with the law's parental-consent requirement.

Bonta “never explains why personalized feeds are harmful enough to restrict, yet safe if a parent consents,” NetChoice writes.

“That is a fatal tailoring flaw,” the group adds.

Bonta also contended that the law doesn't prevent users from accessing content, arguing that minors can still search for posts.

But NetChoice counters that as a practical matter, the restriction on recommendations thwarts minors' access to content they might want, but don't necessarily know to seek out.

“A search is useful only if a user knows what to look for,” NetChoice writes. “By contrast, personalized feeds prioritize content that users value but may not know to search for -- everything from breaking news to personal announcements from friends.”

The 9th Circuit will hear arguments on April 2 in Phoenix.