NetChoice V. Bonta
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''NetChoice v. Bonta'' is the name of two legal challenges, to California SB 976 and SB 1144. SB 976 is a law that requires
social media Social media are interactive technologies that facilitate the Content creation, creation, information exchange, sharing and news aggregator, aggregation of Content (media), content (such as ideas, interests, and other forms of expression) amongs ...
companies to restrict access to social media feeds (termed "addictive feeds" in the bill text) from anyone under 18 absent parental consent. The law bars social media platforms from sending notifications to minors during nighttime hours year-round, as well as during school hours during the school year. It requires that minors' social media accounts receive the highest available privacy settings by default.


Legal history

On November 12, 2024,
NetChoice NetChoice is a trade association of online businesses that advocates for free expression and free enterprise on the internet. It currently has six active First Amendment lawsuits over state-level internet regulations, including '' NetChoice v. Pa ...
, a trade association of internet and social media companies, filed a lawsuit in
United States District Court for the Northern District of California The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, De ...
. They filed a motion for a
Preliminary Injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable reme ...
asking the court to block enforcement of the law before it took effect in January 2025. A hearing was held on December 17, 2024. Judge Edward Davila expressed the view that the Justices in ''Moody v. NetChoice'' had divided views on social media feeds. Judge Davila denied NetChoice's motion for a Preliminary Injunction covering the addictive feeds, default settings, and age verifications provisions. Judge Davila granted NetChoice's request to block the notifications and disclosures provisions from taking effect. NetChoice then appealed the case and asked the court to block the entire law pending appeal. The court granted thjis on January 2, 2025, and blocked SB 976 for 30 days.


Appeal

On January 2, 2025, NetChoice appealed to the U.S Court of Appeals for the Ninth Circuit. NetChoice asked the 9th Circuit to extend the Injunction pending their appeal. A three-judge panel on the 9th Circuit granted this request on January 28. On April 2 a hearing was held. NetChoice argued that the law violated the
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
. Two of the judges appeared to be skeptical of NetChoice's arguments. Judge Ryan Nelson was skeptical, likening the impact of social media feeds on minors to tobacco. He also questioned whether NetChoice had the proper standing to sue. Judge William Fletcher told NetChoice that the analysis of the law might lean in the Government's favor because its purpose was to protect children. The third judge on the panel Michael Hawkins did not indicate how he would rule.{{Cite web, url=https://news.bloomberglaw.com/litigation/judge-likens-social-media-to-tobacco-in-california-law-challenge, title=Judge Likens Social Media to Tobacco in California Law Challenge, date=April 2, 2025 The case remained under appeal as of July 2025.


References

California Social media Internet