Members Already Suffering ‘Irreparable Harm’ From AB-2273, Says NetChoice

NetChoice opposes California’s request for a one-month delay to July 20 in the evidentiary hearing on the company’s motion for a preliminary injunction to block the state’s age-appropriate social media design law, AB-2273, from taking effect in July 2024, NetChoice responded Friday (docket 5:22-cv-08861) in U.S. District Court for Northern California in San Jose. The state said the delay is needed to accommodate the preexisting vacation plans of its two top lawyers, noting postponement is acceptable because the law won’t take effect for more than a year. “But NetChoice’s members are already experiencing irreparable harm because of the actions they must take in anticipation of the enforcement date,” said its opposition. “A prompt decision is needed to redress these harms.” Even though the state can’t enforce AB-2273 until 2024, “the law requires providers to assess the risk that features or services introduced before 2024" will expose minors to harmful content, said NetChoice. “This requirement violates the First Amendment and is already deterring providers from introducing features or services” the state might deem harmful, it said. NetChoice members also “have already spent and continue to spend significant resources on compliance, another form of irreparable harm,” it said.