The Ninth Circuit Court has upheld major elements of California’s landmark child safety statutes, providing a significant judicial framework that could influence how online child privacy and safety laws are crafted and defended across the U.S.
- Court upheld key protections in California child safety laws
- Legal definitions must focus on audience, not content
- New rulings set precedent for future child privacy legislation
What happened
Over the past year, the Ninth Circuit has decisively ruled against challenges posed by industry group NetChoice to two of California’s pioneering child safety laws: the Protecting Our Kids from Social Media Addiction Act and the Age-Appropriate Design Code. In September 2025, it upheld the social media addiction law, and in March 2026, it vacated parts of a preliminary injunction against the design code, clearing the way for enforcement.
The court addressed key legal arguments about whether these laws are content-based regulations subject to strict scrutiny under the First Amendment. It found no sufficient evidence that applying these laws to businesses accessible to children transforms them into content-based restrictions. However, the court did identify certain vague provisions relating to data use and ambiguous standards like “best interests of children” as constitutionally problematic.
Why it matters
These decisions mark a significant shift in judicial perspectives on online child privacy, signaling that courts may uphold robust safety measures despite free speech concerns. By rejecting facial challenges that aimed to render entire laws invalid, the Ninth Circuit has raised the evidentiary bar for those seeking to dismantle similar legislation.
The rulings also clarify legal concepts that have posed challenges in privacy law, especially around imposing vague standards on companies. This not only helps California in defending its statutes but also sets a foundation that other states and the federal government may follow when designing their own child-centric digital protections.
What to watch next
The case now returns to the district court for further proceedings or settlement, with both proponents and opponents of the law claiming partial victories. Meanwhile, advocates and lawmakers should closely analyze the Ninth Circuit’s guidance on defining covered businesses, ensuring privacy-respecting age estimation processes, and differentiating protective design from content restrictions.
Future child safety laws will likely incorporate these principles to withstand constitutional scrutiny. Observers should monitor legislative efforts nationwide adopting similar frameworks as well as any new rulings that interpret and expand on this emerging judicial roadmap for online child safety.