A federal judge has issued a preliminary injunction blocking the implementation of the California Age-Appropriate Design Code Act (CAADCA), a law designed to enforce special data safeguards for underage users online. The injunction came in response to a request from the tech industry group NetChoice, which argued that the law likely violated the First Amendment.
Judge Beth Freeman, in her ruling, expressed concerns about several provisions of the CAADCA, stating they could unlawfully restrict legal speech. She emphasized the importance of protecting children online but noted that the law’s provisions intended to achieve this goal did not meet constitutional standards. Among the objections raised, Freeman pointed to the requirement for sites to estimate visitors’ ages to identify underage users, which could potentially involve invasive technology like face scans or biometric analysis.
The CAADCA offers an alternative for sites to apply the same data collection standards for all users, including adults, as a way to avoid targeted advertising deemed objectionable for children. However, Freeman found that this approach could also impede legal speech, as it would shield adults from content intended to be restricted for children.
California has been at the forefront of passing legislation aimed at regulating online content, and legal challenges to these laws, including those governing online hate speech moderation, are ongoing. However, courts in various states have raised concerns about the constitutionality of certain state-level internet regulations. In August, a different court blocked a law mandating age verification for online pornography, citing similar concerns about invasive data collection and limiting adults’ access to constitutionally protected speech. Additionally, an Arkansas law restricting underage users’ access to social media was blocked on the same day.
The Supreme Court has also intervened in the debate over online content regulation, blocking a Texas law that sought to limit online moderation and setting the stage for a broader discussion about states’ control over the internet. The Biden administration has urged the Supreme Court to strike down core provisions of such laws in Texas and Florida, emphasizing the need to protect online speech rights.