California's Age-Appropriate Design Code Blocked On Constitutional Grounds

California's Age-Appropriate Design Code (AADC) was temporarily blocked by a federal court judge who found that the law likely violates the First Amendment and does "not pass constitutional muster." The preliminary injunction, issued Sept. 18, 2023, prevents regulators from enforcing the AADC, which restricts how digital platforms treat minors' information, among other requirements.

The lawsuit was brought by NetChoice, LLC, a trade group that represents big tech companies. The litigation's goal is to strike down the AADC on the grounds that it violates the First and Fourth amendments and the due process and commerce clauses of the U.S. Constitution and is preempted by the federal Children's Online Privacy Protection Act (COPPA) and Section 230 of the Communications Decency Act (CDA).