Bonta

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NETCHOICE, LLC, doing business No. 23-2969 as NetChoice, D.C. No. 5:22-cv-08861- Plaintiff - Appellee,

BLF

v.

OPINION

ROB BONTA, Attorney General Of The State Of California,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Argued and Submitted July 17, 2024 San Francisco, California

Filed August 16, 2024

Before: MILAN D. SMITH, JR., MARK J. BENNETT, and ANTHONY D. JOHNSTONE, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr. NETCHOICE, LLC V. BONTA

SUMMARY *

First Amendment

The panel affirmed in part and vacated in part the district court’s preliminary injunction in an action brought by NetChoice, a national trade association of online businesses that promotes free speech on the Internet, challenging the California Age-Appropriate Design Code Act (CAADCA), which the California State Legislature enacted with the aims of promoting robust online privacy protections for children under the age of eighteen and ensuring that online products that are likely to be…