US court sides with California on regulating AI-driven social feeds for children

A federal appeals court upheld most provisions of California’s law restricting algorithm-based social media feeds for minors, marking a major step in efforts to protect children’s mental health from addictive digital content

A federal appeals court has upheld the majority of a California law that restricts social media platforms from offering algorithm-driven, “addictive” content to minors without parental consent. The decision is seen as a significant moment in the ongoing national debate over online safety for children.

The 9th U.S. Circuit Court of Appeals ruled Tuesday (September 9) that California’s Protecting Our Kids from Social Media Addiction Act can mostly stand, rejecting broad constitutional challenges from NetChoice, a tech industry group representing companies such as Meta (Facebook, Instagram), Google, Netflix, and X (formerly Twitter).

The law, signed by Governor Gavin Newsom in 2023, targets algorithm-based content feeds that tailor recommendations based on a user’s behavior—feeds the state says can be psychologically harmful to children. NetChoice argued the legislation violates the First Amendment and is both vague and overly broad.

Age verification and content controls under scrutiny

Judge Ryan Nelson, writing for the three-judge panel, said NetChoice failed to demonstrate that the law's unconstitutional impacts outweigh its legitimate applications. He also found the group’s challenge to the law’s age verification requirement premature, as that provision will not be enforced until 2027.

However, the court did strike down one part of the legislation requiring platforms to set defaults that hide likes and comments from minors, saying it was not the least restrictive means of achieving mental health protections.

Paul Taske, co-director of the NetChoice Litigation Center, expressed disappointment, arguing the law overrides parental rights and grants excessive power to the government in moderating online speech.

The case now returns to U.S. District Judge Edward Davila in San Jose for further proceedings. It remains part of a broader legal battle as states seek to impose new rules on how tech platforms engage with younger users.