In 2022, California enacted AB 2273, or the Age-Appropriate Design Code Act (AADC), a sweeping restriction that requires websites to try to determine their users’ ages and to restrict access to constitutionally protected speech.
Beyond its First Amendment violations, AB 2273 is unconstitutional under the Dormant Commerce Clause because it regulates behavior and activities that take place outside of California. The law also imposes requirements on websites for the use, tracking, and storage of information about their users who are under the age of 18. These requirements conflict with COPPA, a federal law that governs how websites handle minors’ data. Therefore, AB 2273 also violates the Constitution’s Supremacy Clause.
Proponents of AB 2273 claim that it was designed to protect minors and their data, but it purports to do so by replacing parental oversight with government control. Parents and guardians are best suited to guide the online experience for their children.
Read our full complaint here.
Chris Marchese – Director of Litigation
Nicole Saad Bembridge – Associate Director of Litigation
Carl Szabo – Vice President and General Counsel
Court Filings
- NetChoice’s Complaint
NetChoice’s Motion for Preliminary Injunction
NetChoice’s Supplemental Brief
District Court’s Ruling on September 18, 2023, granting the preliminary injunction.
Filings in Support of our Motion for Preliminary Injunction:
- Briefs:
- Declarations:
Filings in Opposition of our Motion for Preliminary Injunction:
- Briefs:
- Declarations