Social media companies sue California over protections for kids

Meta, Google and TikTok filed separate lawsuits Wednesday claiming that a bill passed earlier this year targeting addictive social media feeds for children violates the First Amendment.SAN FRANCISCO (CN) — Meta, Google and TikTok sued California over a new state law that prohibits certain social media platforms from using addictive features to target minor users.The social media behemoths argued in three separately filed lawsuits Wednesday that the new regulations imposed by Assembly Bill 1709 violate the First Amendment by restricting the content they are allowed to show users under the age of 16.The companies also argue the law is preempted by Section 230 of the Communications Decency Act, which shields online businesses and social media platforms from liability for content posted by third parties.“California Assembly Bill 1709 is California’s latest attempt to flout that fundamental principle and appoint the state as the editor, curator, and controller of online speech,” Meta said in its complaint, filed in the Northern District of California.Signed into law by California Governor Gavin Newsom on Sept. 10, Assembly Bill 1709 takes aim at “addictive features” such as algorithmic content recommendations, infinite scroll and autoplay. The bill prohibits social media platforms that use addictive feeds from allowing children under 16 to have accounts and creates an e-Safety Advisory Commission under the auspices of the state attorney general.Meta argues the law would trample on the company’s editorial judgment and that its choices about what third-party content to display on its platforms are protected by the First Amendment. Meta also claims that the contents of personalized feeds are protected third-party speech and the law’s ban on autoplay would infringe on the company’s right to engage in the “free and unhampered distribution of” speech.“We are challenging this law because it violates the First Amendment by letting the government dictate how ideas are organized, displayed or shared with Californians,” a Meta spokesperson told Courthouse News. “Under the law, we would be forced to either remove features that keep teens’ experiences age-appropriate, or cut thousands of California teens off from family, friends and their communities.”In its lawsuit, filed in the Central District of California, TikTok claims the law would prevent it entirely from speaking to users under 16 through its current product, and would only allow the platform to engage with California users between the ages of 13 and 16 if it “design[ed] a fundamentally different offering.”“AB 1709 is a blatantly unconstitutional restriction on free expression that erodes the long-standing and protected practice of curating content based on user preferences, which book stores, TV networks and streaming services all use,” a TikTok spokesperson said.The spokesperson highlighted the platform’s “teen accounts,” emphasizing their “more than 50 preset safety, privacy and security settings” as well as TikTok’s “Family Pairing" feature.“Beyond disregarding real progress in making teens safer online, this law limits free speech and takes away parents’ rights to determine what’s appropriate for their kids,” they said.Google, the parent company of YouTube, similarly emphasized the need for parents to control their kids’ social media diet in its complaint filed in the Northern District of California.The company argues that YouTube’s personalized recommendations ensure that minor users receive relevant and appropriate content and that autoplay helps users consume content designed to be viewed “in a sequence.”“We believe parents are best positioned to make the right decisions for their families, which is why we offer a range of protections and tools that put parents in control,” a spokesperson for Google said. “Overly broad laws like this actually break the systems we’ve built to help kids find high quality, age-appropriate videos.”All three lawsuits name California Attorney General Rob Bonta as a defendant and ask the court to issue an injunction blocking Bonta from enforcing AB 1709.A representative for the attorney general’s office said they are reviewing the lawsuit and that their office is “committed to defending California’s commonsense laws to protect kids online.”Meta, TikTok and Google are also challenging Senate Bill 976, also known as California’s Protecting Our Kids from Social Media Addiction Act, which requires platforms to obtain verified parental consent before showing minors addictive feeds and to offer settings that let parents limit it.In August, U.S. District Judge Edward Davila denied the social media companies’ request for a preliminary injunction against enforcement of the statute’s provisions. A few weeks later, the Barack Obama appointee rejected the platforms’ bid to keep the law from being enforced while they seek review in the Ninth Circuit.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads