A federal judge has blocked enforcement of California's AB 2273, the California Age-Appropriate Design Code Act (CAADCA), citing potential First Amendment violations. The legislation, which was signed into law by Governor Gavin Newsom in September 2022, was scheduled to take effect in July 2024.
The decision to block the enforcement of AB 2273 came after Internet safety and free expression advocacy group NetChoice filed a complaint for injunctive relief against California Attorney General Rob Bonta. The group argued that the bill would subject global communications platforms to state supervision and hinder access to open resources. They also claimed that the bill would force private companies to censor speech based on "inherently subjective" terms and impose financial penalties for non-compliance.
U.S. District Judge Beth Labson Freeman granted the preliminary injunction earlier this month, stating that NetChoice had demonstrated a likelihood of prevailing on their claim that the enforcement of CAADCA violated the First Amendment. The court found that certain provisions of the bill, such as the requirement for businesses to estimate users' ages, were overbroad and counterproductive. The provision would lead to more personal data collection, which contradicted the bill's purpose of reducing data collection on young users.
Governor Newsom had signed the bill into law with the intention of protecting the health and wellbeing of children. However, the federal judge's ruling has temporarily halted its enforcement. It is possible that the state of California may appeal the injunction.