As Bonta Appeals Social Media Injunction, NetChoice Vows to See Law 'Struck Down'

California Attorney General Rob Bonta (D) is appealing to the 9th U.S. Circuit Court of Appeals the district court's Sept. 18 decision granting NetChoice’s motion for a preliminary injunction to block him from enforcing AB-2273, the state’s Age Appropriate Design Code, on constitutional grounds (see 2309180063), said Bonta's notice of appeal Wednesday (docket 5:22-cv-08861) in U.S. District Court for Northern California in San Jose. The district court also held that AB-2273 is preempted by the Children’s Online Privacy Protection Act and Section 230 of the Communications Decency Act. Bonta is appealing the injunction "to defend California’s first-in-the-nation children’s online safety law," he said Wednesday. "We believe the district court decision is wrong, and that we should be able to protect our children as they use the internet. Big businesses have no right to our children’s data: childhood experiences are not for sale." NetChoice “will continue to defend the First Amendment and online privacy rights of Californians, their families and their businesses,” said NetChoice Director-Litigation Chris Marchese Wednesday in reacting to Bonta’s appeal. AB-2273 “undermines parental rights and unconstitutionally restricts free speech, while endangering the privacy and security of young people online -- failing to meet the law’s stated goals,” said Marchese."We look forward to seeing this bad policy permanently struck down and online speech and privacy for all Americans and young people fully protected.” AB-2273's co-sponsor, California Assemblymember Buffy Wicks (D), telegraphed that Bonta's appeal would be forthcoming when she reacted negatively last month to the injunction (see 2309190006).