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Judge in California Age-Appropriate Design Code Case Gets the First Amendment Wrong—Again
March 14, 2025
Yesterday, a federal judge issued a second preliminary injunction against California’s Age-Appropriate Design Code (“CAADC”). The judge's First Amendment analysis flouted directions from the Ninth Circuit and the Supreme Court to more critically examine Big Tech’s demands for broad relief from regulation. The decision erroneously questions the constitutionality of every law giving kids special protections online—including the long-standing Children’s Online Privacy Protection Act (“COPPA”).
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Age Assurance
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Children's Privacy
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Data Protection
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Platform Accountability & Governance
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Platform Governance Laws & Regulations
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Privacy Laws
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The First Amendment
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U.S. State Privacy Laws
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Analysis
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MLex: EPIC, others say limit to engagement algorithms is consistent with First Amendment
March 6, 2025
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Children's Privacy
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Platform Accountability & Governance
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The First Amendment
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U.S. State Privacy Laws
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News
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In Hearing, Judge Seemed Torn on NetChoice’s Renewed First Amendment Attack on California’s Age-Appropriate Design Code
January 24, 2025
In a hearing yesterday on NetChoice’s second motion for a preliminary injunction against California’s Age-Appropriate Design Code (CAADC), Judge Beth Labson Freeman appeared far more skeptical of the trade association’s First Amendment arguments than the first time she ruled on the constitutionality of the law.
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Age Assurance
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Platform Accountability & Governance
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Platform Governance Laws & Regulations
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Privacy Laws
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Section 230
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The First Amendment
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U.S. State Privacy Laws
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Analysis
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EPIC Tells Court that Privacy Protections Don’t Violate the First Amendment
December 18, 2024
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Platform Accountability & Governance
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Platform Governance Laws & Regulations
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Privacy Laws
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Section 230
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Updates
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In Anderson v. TikTok, the Third Circuit Applies Questionable First Amendment Reasoning to Arrive at the Correct Section 230 Outcome
October 10, 2024
The opinion correctly held that Section 230 did not bar the claims to the extent that they alleged TikTok’s own algorithmic design caused the tragic circumstances, but it arrived at its decision through a questionable First Amendment analysis instead of careful Section 230 reasoning. TikTok is now asking the entire Third Circuit to re-hear the case and overturn the initial ruling.
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Platform Accountability & Governance
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Section 230
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The First Amendment
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Analysis
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The First Amendment & Platform Regulation
August 5, 2024
Regulating online platforms sometimes implicates First Amendment concerns for users' speech and association rights.
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The First Amendment
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The First Amendment
July 22, 2024
Regulating online platforms sometimes implicates First Amendment concerns for users' speech and association rights.
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The First Amendment
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SCOTUS Finds No Standing for Plaintiffs in Murthy v. Missouri First Amendment Jawboning Case
June 26, 2024
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Platform Accountability & Governance
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The First Amendment
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Updates
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Judge Adopts Dangerously Overbroad View of First Amendment That Could Threaten Privacy Laws Nationwide
September 19, 2023
The case, brought by big tech advocacy group Netchoice, threatens the viability of existing and future privacy legislation, including efforts to minimize the amount of information tech companies collect and use for targeted advertising and surveillance.
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Children's Privacy
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Consumer Privacy
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Data Protection
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Platform Accountability & Governance
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Platform Governance Laws & Regulations
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Privacy Laws
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The First Amendment
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U.S. State Privacy Laws
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Updates
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EPIC Amicus Brief Urges Court to Recognize First Amendment Right to Livestream the Police
November 16, 2021
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Democracy & Free Speech
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Updates
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