bbieron@platformeconomyinsights.com

Federal Judge Rejects Blocking Some Aspects of California’s Social Media Law

Jan 12, 2025

Report from Courthouse News Service

In Brief – US District Judge Edward Davila responded to a motion to enjoin California’s Protecting Our Kids from Social Media Addiction Act by blocking some provisions, rejecting the motion to block some sections, and granting an injunction pending appeal of the entire statute until February 1, 2025, to allow the US Ninth Circuit Court of Appeals to consider an appeal. The law, challenged by NetChoice, a trade group representing several large social media companies that has successfully challenged a large number of state laws imposing restrictions and regulations on social media companies, bans online platforms from using personalized recommendation algorithms to display content to people under age 18, set limits on when minors are allowed to use social media, and restrict the hours when social media companies can send minors notifications, unless parents consent for the platforms to do otherwise. Judge Davila’s order did enjoin the law’s requirement that platforms report the number of minor users; however the state could start enforcing the portions of the law concerning algorithmic feeds, rejecting the argument that algorithms governing the operations of social media platform are themselves expressive content.

Context – Several states have enacted laws aimed at regulating social media platforms based on allegations that social media is addictive and harmful to teens. Those state laws have been paused by federal courts based on a range of 1st Amendment and privacy arguments. The same allegations are also powering lawsuits against large social media companies in federal and California courts. The lawsuits have been having more luck than the new laws, at least until Davila’s ruling. Although the lack of solid evidence of a causal link between teen social media use and negative mental health remains an important issue, in this case what is most noteworthy is Davila’s interesting application of the Supreme Court’s recent ruling in Moody v NetChoice. A majority on the High Court said that social media content sorting algorithms are clearly expressive content, which Davila used to argue that other social media algorithms and practices are likely not similarly protected.

View By Monthly
Latest Blog
Federal Appeals Court Panel Upholds Florida Teen Social Media Law

Report from the Orlando Sentinel In Brief – A unanimous three-judge panel of the 11th Circuit Court of Appeals panel has ruled Florida’s law restricting minors’ social media accounts is likely constitutional and is allowing enforcement during remaining litigation. The...

The Federal Trade Commission is Investigating Anthropic and OpenAI

Report from the Wall Street Journal In Brief – Federal Trade Commission officials have said that the agency is investigating Anthropic and OpenAI over whether they have deceived consumers about potential harms from AI. The effort has reportedly been underway for weeks...

Polish Antitrust Regulator Presses Google on Media Payments

Report from Digital Watch In Brief – Poland’s competition regulator has opened an investigation of Google that accuses the search giant of abusing its market dominance in negotiations with news publishers over payments for the use of media article snippets in results...

White House SI Force Orders AI Companies to Quickly Report Incidents

Report from Silicon Valley In Brief – The White House, through its recently established Super Intelligence (SI) Force, has demanded “full transparency” and “immediate remediation” after Anthropic disclosed that its AI agents submitted false information to the...

California Enacts Law Regulating AI Use by Employers

Report from CNBC In Brief – California Governor Gavin Newsom (D) has signed SB 947, the No Robo Bosses Act, making California the first state to prohibit employers from relying solely on artificial intelligence to discipline or fire workers. Employers that heavily use...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required