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Ninth Circuit Guts California’s Kids Code Once Again
Techdirt
· 2026-03-14
Commentary
The Ninth Circuit struck down key provisions of California's Age Appropriate Design Code (AADC) as unconstitutionally vague under the First Amendment, holding that terms like "best interests of children," "well-being," and "materially detrimental" are insufficiently clear standards for regulating how platforms handle content and data for minors. The court found these provisions, though framed as privacy protections, actually functioned as content-based speech restrictions that lack the definitional clarity required by the First Amendment. The ruling follows the procedural framework established by SCOTUS's Moody v. NetChoice decision, which raised the bar for facial constitutional challenges.
Key point: The Ninth Circuit invalidated California's attempt to regulate platform design and content curation for minors by requiring operations in children's "best interests," finding the standards unconstitutionally vague and functionally content-regulatory despite their privacy-law framing.
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