[co-author: James O'Reilly*]
The Ninth Circuit continued the pause on California’s SB 976 (Protecting Our Kids from Social Media Addiction Act) as of late January 2025. The law was signed by Governor Newsom in September 2024, and challenged by NetChoice shortly thereafter.
A federal judge first enjoined the law until February 1, 2025. The case continued in the courts, and most recently the Ninth Circuit blocked the law until April of 2025. At that time, it will examine substantively whether the law infringes free speech rights. This delay will impact the AG’s drafting of rules for the law.
This is not NetChoice’s first attempt to stop kid-focused social media laws. It took similar steps in Utah in 2024, and has challenged similar laws in Arkansas, Ohio, Mississippi, Texas, and most recently, as of Maryland’s similar Age Appropriate Design Code Act.
*James O'Reilly is a Cybersecurity and Privacy Fellow in the firm’s Chicago office.
Putting it into Practice: These decisions are a reminder that the social media laws being passed at a state level are continuing to be challenged. We will be continuing to monitor them for further developments.
