KOSA Constitutionality Questioned After 9th Circuit Decision

The 9th U.S. Circuit Court of Appeals’ decision to partially uphold an injunction against a California age-appropriate social media design law (see 2408160015) means similar legislation at the federal level is likely unconstitutional, a policy expert at the International Center for Law & Economics said Monday. Innovation policy scholar Ben Sperry argued that duty of care provisions in the Kids Online Safety Act, which the Senate passed last month 91-3 (see 2407300042), likely violate the First Amendment. The 9th Circuit found the Age-Appropriate Design Code Act’s (AB-2273) impact assessment requirement is violative because it requires that platforms make judgments about what online content could harm children. Sperry argued that under KOSA, platforms would be incentivized to censor all but “the most benign speech” to avoid triggering children’s anxiety or to avoid “bullying” claims.