The First Amendment

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”).

• Age Assurance

• Children's Privacy

• Data Protection

• Platform Accountability & Governance

• Platform Governance Laws & Regulations

• Privacy Laws

• The First Amendment

• U.S. State Privacy Laws

• Analysis

EPIC-Led Group of Law and Technology Experts Urges Ninth Circuit to Rule that Social Media Companies’ Addictive Technology Is Not Protected Expression

March 7, 2025

• Platform Accountability & Governance

• Platform Governance Laws & Regulations

• The First Amendment

• Updates

MLex: EPIC, others say limit to engagement algorithms is consistent with First Amendment

March 6, 2025

• Children's Privacy

• Platform Accountability & Governance

• The First Amendment

• U.S. State Privacy Laws

• News

The Intercept: ICE Wants to Know If You’re Posting Negative Things About It Online 

February 11, 2025

• Face Surveillance & Biometrics

• Government Databases

• Intelligence Surveillance

• Surveillance Oversight

• The First Amendment

• News

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.

• Age Assurance

• Platform Accountability & Governance

• Platform Governance Laws & Regulations

• Privacy Laws

• Section 230

• The First Amendment

• U.S. State Privacy Laws

• Analysis

In TikTok v. Garland, Supreme Court Sends Good Vibes for Privacy Laws, But Congress’s Targeting of TikTok Alone Won’t Do Much to Protect Privacy

January 17, 2025

We need protections from all tech companies, not just TikTok, and we can only achieve that through a strong, comprehensive federal privacy law, vigorous antitrust enforcement, and other regulatory measures that apply to all companies exploiting our personal data. But overexpansive First Amendment interpretations pushed by the tech industry are a dangerous obstacle to the types of laws necessary to truly protect Americans’ privacy rights. In taking a more cautious First Amendment stance, the Supreme Court signaled the general viability of privacy and online safety laws.

• Consumer Privacy

• Data Protection

• International Privacy Laws

• Platform Accountability & Governance

• Privacy Laws

• The First Amendment

• U.S. Privacy Laws

• Analysis

In Free Speech Coalition v. Paxton, the Supreme Court Should Preserve Legislatures’ Power to Protect Kids Online 

January 14, 2025

The Supreme Court’s decision in Free Speech Coalition v. Paxton could potentially impact legislatures' abilities to enact special protections for kids online. A Moody v. NetChoice-like decision that helps courts navigate the nuances of different laws involving age determination would preserve legislatures’ power to protect kids online while also prohibiting online censorship.

• Age Assurance

• Platform Accountability & Governance

• Platform Governance Laws & Regulations

• The First Amendment

• Analysis

NetChoice v. Bonta

January 6, 2025

• Age Assurance

• Platform Accountability & Governance

• Platform Governance Laws & Regulations

• The First Amendment

• Amicus Briefs

Judge Allows California Regulation of Addictive Feeds to Go Into Effect

December 31, 2024

• Platform Accountability & Governance

• Platform Governance Laws & Regulations

• The First Amendment

• Updates

EPIC Urges Northern District of California to Reject NetChoice’s Request to Enjoin California Law to Regulate Addictive Feeds for Minors

December 11, 2024

On December 10, 2024, EPIC submitted an amicus brief in NetChoice v. Bonta, an important case about whether the First Amendment prevents the government from regulating harmful, content-neutral features on online platforms. EPIC’s brief urged the court to deny the tech industry trade association NetChoice’s request for a preliminary injunction that seeks prevent California’s Protecting Our Kids from Social Media Addiction Act (SB 976) from going into effect by declaring the law unconstitutional.

• Age Assurance

• Children's Privacy

• Data Protection

• Platform Accountability & Governance

• Platform Governance Laws & Regulations

• The First Amendment

• Updates