SAN FRANCISCO—Today, the U.S. Court of Appeals for the Ninth Circuit ruled in NetChoice’s favor in our case against California’s unconstitutional, so-called “Age Appropriate Design Code,” NetChoice v. Bonta.
The court noted that the AADC’s Data Protection Impact Assessment (DPIA) requirement likely violates the First Amendment by compelling speech and commandeering private companies to act as roving censors. This would have forced online services to restrict access to protected speech and information for all ages.
“The Ninth Circuit’s ruling is a victory for free expression, online security and Californian families,” said Chris Marchese, Director of the NetChoice Litigation Center. “The court recognized that California’s government cannot commandeer private businesses to censor lawful content online or to restrict access to it.”
The Ninth Circuit’s decision ensures that online services can continue to offer innovative products and features without navigating an unconstitutional minefield of vague obligations around content lawmakers subjectively believe is “harmful.” While NetChoice v. Bonta continues to move through the courts, this ruling reinforces important protections for free speech on the internet.
NetChoice looks forward to California’s AADC being struck down on the merits, and we remain committed to empowering families and fostering a positive online experience with meaningful and constitutional solutions.
You can find the Ninth Circuit’s ruling here and more information on NetChoice v. Bonta here.
Please contact Krista Chavez at press@netchoice.org with inquiries.