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MLex: EPIC, others say limit to engagement algorithms is consistent with First Amendment
March 6, 2025
The Electronic Privacy Information Center, Tech Justice Law Project, and eighteen law and technology scholars told a US appeals court that engagement maximization through algorithms is not inextricably intertwined with content moderation, so states can regulate it without having an incidental impact on companies’ expression. They filed a brief in support of a California law that imposes restrictions on companies to protect children online. “SB 976 does not force companies to publish messages they do not think are fit for publication, nor does it prevent them from publishing messages they wish to publish,” they said in a brief arguing for the court to affirm an order denying an injunction.

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