Calif. AG: Kids’ Safety Bill Doesn't Restrict Social Media Speech
California’s Age-Appropriate Design Code (AADC) doesn’t require online platforms to restrict user access to speech, California Attorney General Rob Bonta (D) argued Tuesday. He asked the U.S. District Court for Northern California in San Jose to uphold AB-2273 in its…
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entirety (docket 5:22-cv-08861). NetChoice sued to block AB-2273 in December, arguing the law violates the First Amendment by telling sites how to manage constitutionally protected speech (see 2212140063). NetChoice argued the new law illegally tries to regulate across state lines and is preempted by federal law. California disagrees AB-2273 regulates speech, said Bonta’s brief Tuesday. Regardless, California has “compelling” interest in protecting the “physical, mental, and emotional health and well-being of minors,” the filing said. Legal precedent weighs heavily against declaring that businesses have a First Amendment right to “collect children’s personal information through complex and opaque means,” said Bonta. He cited Sorrell v. IMS Health, which addresses a prohibition against the sale “of physician prescriber data by pharmacies or for marketing purposes.” That children’s data is gathered for commercial purposes weakens the tech industry’s attempt to claim First Amendment protection, said Bonta.