SAN JOSE, CA – The Kids Code Coalition released the following statement after the U.S. District Court for the Northern District of California’s most recent decision in the yearslong legal battle waged by Big Tech front group NetChoice against the State of California:
“Judge Freeman’s decision is unfortunately yet another example of a judge relying on an extreme interpretation of the First Amendment to substitute her judgements for those of an elected legislature. This decision is especially concerning because its logic would seem to render unconstitutional virtually any state law designed to protect children online. We hope that the Ninth Circuit Court of Appeals will take a more measured and sensible approach to the law and overturn Judge Freeman’s decision, as it has in the past.
“We remain fervently committed to our shared purpose to improve youth online safety and privacy. We will never accept the status quo of kids and teens being exploited online and targeted with addictive design. While NetChoice continues to do Big Tech’s bidding to protect toxic business models that put kids in jeopardy, we stand proudly in favor of kids’ privacy and online safety laws, confident that public defenders across the country continue to fight for basic rules of the road to protect kids online.”
The Kids Code Coalition has consistently called out NetChoice, a lobbying front group for Big Tech companies including Meta, Google, Amazon, and Snap, for its self-serving litigation, deceptive lobbying, and misleading public statements to block state laws designed to protect children online. NetChoice is part of a network of Big Tech-funded organizations across the country, and runs a $30-million legal “war room” against kids’ online safety legislation. Last year, the Kids Code Coalition drew attention to the Big Tech lobby’s interference in child online safety efforts across the country throughout 2024 state legislative sessions.
Legal Background on 2025 AADCs
Since the 2024 enactment of the Maryland Kids Code, an increasing number of state leaders have spearheaded similar legislation, seizing the opportunity to make a real difference for kids with a design-centered approach to addressing the ongoing, social-media-linked youth mental health crisis.
2025 AADCs exclude a key provision enjoined last year in California. Last year, the Ninth Circuit Court of Appeals ruled that part of California’s AADC law – requiring online companies to publicly assess and report how their content could harm minors, and to create plans to reduce those risks – likely violated the First Amendment. However, current AADC proposals do not include this type of requirement. Because of this, these proposals are unlikely to be classified as unconstitutional under the Ninth Circuit’s reasoning in NetChoice v. Bonta.
About the Kids Code Coalition
The Kids Code Coalition is a wide-ranging group of national and state organizations dedicated to improving youth online security and privacy by supporting policies that ensure companies prioritize kids’ and teens’ safety and developmental needs when designing digital platforms and products.
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