California's Bold Move to Protect Kids from Social Media

A recent ruling by a federal appeals court has largely supported a California law aimed at safeguarding children from potentially harmful social media practices. The law, which requires parental consent for children to access so-called "addictive feeds," was challenged by a tech industry group, NetChoice.

The Law and the Challenge

Addictive feeds refer to algorithms that tailor content based on users' online behavior. NetChoice, which includes major tech companies like Google, Meta Platforms, and Netflix, claimed that the law unfairly restricts their ability to communicate with children through these algorithms.

The Court's Decision

The 9th U.S. Circuit Court of Appeals largely disagreed with NetChoice's arguments. Judge Ryan Nelson, writing for the panel, noted that determining which algorithm-based feeds are "expressive" for First Amendment purposes is complex and requires a detailed examination.

The court also found that NetChoice's challenge to a requirement for platforms to verify users' ages was premature, as this part of the law doesn't take effect until 2027.

Blocked Aspect of the Law

The court did block one aspect of the law: the requirement for default settings to hide the number of likes and comments on children's posts. The court reasoned that this measure was not the least restrictive way to protect children's mental health.

Industry Reaction

Paul Taske, co-director of the NetChoice Litigation Center, expressed disappointment with the decision. He argued that the law gives the government too much power over how legal speech is shared online. NetChoice has a history of challenging state-level internet restrictions.

Next Steps

The case has been sent back to a lower court for further proceedings. The appeals court noted that the lower court had largely made the right decisions in its initial ruling.

Broader Implications

This legal battle highlights the ongoing tension between state efforts to protect children online and the tech industry's push for fewer restrictions. It also raises important questions about the role of algorithms in shaping children's online experiences and the potential impact on their mental health.