Tech Justice Law Project Policy Counsel Melodi Dinçer commends the U.S. Court of Appeals for the Ninth Circuit on their decision upholding the constitutionality of the Protecting Our Kids from Social Media Addiction Act, a California law limiting social media companies from providing addictive feeds to minors:
“The Ninth Circuit’s decision is another significant loss for the tech industry which, through lobbying groups like NetChoice, is trying to rewrite the Constitution to favor their business models over democratically-enacted laws, like the Protecting Our Kids from Social Media Act. These laws hold companies responsible when their product decisions harm young people, threatening the profits of social media platforms when their developers use features that keep kids trapped online, scrolling endlessly – giving their main customers, advertisers, more chances to subject kids and teens to online ads.
“With this decision, the Ninth Circuit undercuts the industry’s main argument that public health laws violate their First Amendment rights to exploit our data, time, and attention. It means that states like California can continue regulating the industry to ensure that tech products align with healthier outcomes for young people.”
This latest decision by the Ninth Circuit in NetChoice LLC v. Bonta refutes tech giants’ claim that social media feeds are protected by the First Amendment. In June, Tech Justice Law Project and partner advocacy organizations filed an amicus brief supporting California State Attorney General Rob Bonta in the appeal of a landmark multi-district litigation to help the Ninth Circuit understand how CDA Section 230 does not allow social media companies to dodge the various defective design claims alleged in the lawsuit, including algorithm-based addictive feeds.