Sept 9 (Reuters) - A federal appeals court largely
upheld a California law on Tuesday making it illegal, absent
parental permission, for social media companies to provide
children with "addictive feeds" that the state fears could
damage their mental health.
The 9th U.S. Circuit Court of Appeals rejected most claims
by the technology trade group NetChoice, which said California's
Protecting Our Kids from Social Media Addiction Act was
overbroad and vague and violated the First Amendment.
Addictive feeds are algorithms that select personalized
media for users based on those users' online behavior.
NetChoice, whose 41 members include Google,
Facebook and Instagram parent Meta Platforms ( META ), Netflix ( NFLX )
and Elon Musk's X, said the law signed by Governor
Gavin Newsom last September unconstitutionally limited members'
ability to speak to children through the algorithms.
Writing for a three-judge panel, Circuit Judge Ryan Nelson
said the issue of which algorithm-based feeds were "expressive"
for First Amendment purposes was fact-intensive, and NetChoice
did not show the California law's alleged unconstitutional
applications predominated.
Nelson also found NetChoice premature in challenging a
requirement that platforms take steps to verify users' ages,
rather than simply limit feeds to users it knows are children,
because the requirement doesn't take effect until 2027.
The court blocked a requirement that accounts' default
settings prevent children from seeking how many likes and other
comments their posts receive. It said that requirement was not
the least restrictive way to protect children's mental health.
Paul Taske, co-director of the NetChoice Litigation Center,
said the group is "largely disappointed" with the decision.
"California's law usurps the role of parents and gives the
government more power over how legal speech is shared online,"
Taske said. NetChoice has filed many lawsuits challenging
state-level internet restrictions.
Spokespeople for California Attorney General Rob Bonta, who
defended the state's law, did not immediately respond to
requests for comment.
The appeals court returned the case to U.S. District Judge
Edward Davila in San Jose, California, who enjoined other parts
of the law last December 31.
"For the most part, the district court got it right," Nelson
wrote.
The case is NetChoice LLC v Bonta, 9th U.S. Circuit Court of
Appeals, No. 25-146.