Brief Of Chamber Of Progress, LGBT Tech, And The Woodhull Freedom Foundation As Amici Curiae In Support Of Plaintiff- Appellant And Reversal in Netchoice v. Bonta
We joined Chamber of Progress and LGBT Tech in a friend of the court brief in Netchoice v. Bonta which challenges California law SB 976 that aims to restrict social media use for people under 18. While the law’s intention is to protect young people online, the brief contends that it actually violates First Amendment rights and could harm vulnerable youth, especially those from marginalized communities.
SB 976 requires parental consent for minors to access personalized social media feeds and mandates age verification for all users. The brief argues that these requirements infringe on young people’s right to access information freely and force users to choose between their privacy and their ability to engage in online speech. This is particularly concerning for LGBTQ+ youth, who often rely on social media to find supportive communities and access crucial resources when they may not have support at home.
The law’s age verification requirements also raise significant privacy and security concerns. The brief points out that collecting personal data on a massive scale creates risks of data breaches and identity theft, which could be especially dangerous for vulnerable groups like domestic violence survivors or LGBTQ+ individuals who need to protect their identities.
Furthermore, the brief argues that SB 976 violates social media platforms’ First Amendment right to editorial discretion. By restricting how platforms can curate and present content, the law interferes with their ability to create distinct online spaces and cater to diverse user interests. This could lead to a less vibrant and diverse online ecosystem, potentially making it harder for marginalized voices to be heard.
The Woodhull Freedom Foundation’s support for this brief aligns with our mission to advance sexual freedom, gender equality, and free expression. By opposing SB 976, Woodhull is working to protect the rights of young people, especially those from marginalized communities, to access information about sexuality, gender, and relationships online. The foundation recognizes that for many LGBTQ+ youth and others exploring their identities, the internet is a crucial resource for education, support, and community.
In essence, this case connects to human rights and sexual freedom by addressing how restrictions on internet access can disproportionately affect vulnerable groups and limit access to important information and resources. By supporting this brief, Woodhull is advocating for a free and open internet where people of all ages can explore their identities, find support, and access the information they need to make informed decisions about their lives and relationships.