EPIC files amicus brief urging Ninth Circuit to reject Big Tech First Amendment claim on California SB 976

What happened

EPIC, Tech Justice Law, and sixteen scholars submitted an amicus brief to the Ninth Circuit supporting a district court ruling that rejected Meta, Google, and TikTok's First Amendment challenges to California's SB 976. The law bars companies from providing addictive social‑media feeds to minors by limiting the use of kids' behavioral data to select and rank content. The brief argues that behavioral‑profiling algorithms are not expressive speech and therefore not protected by the First Amendment.

Why it matters for trust and compliance

• Its status is filed. The case is still open; the outcome may change what it means.
• The filing highlights how California's child‑protective feed law is being defended against constitutional challenges, underscoring its significance for privacy and AI‑governance in social media.

Who is affected

Recommended actions

1. Check that privacy notices describe the practices this addresses.
2. Revisit retention schedules and data minimisation for the data involved.
3. Inventory where this data is shared or sold and whether opt-outs are honoured.
4. Inventory AI or automated decision systems in scope and their assessments.
5. Review age assurance and protections for minors' data.