The companies' arguments
All three companies argue the law violates their First Amendment free speech rights. Meta, which owns Facebook, Instagram and Threads, says the law lets California determine how online content is displayed, organized and recommended. Its lawsuit claims the law makes California "the editor, curator, and controller of online speech."
Google, which owns YouTube, argues the restrictions could interfere with recommendations for age-appropriate and educational videos. A Google spokesperson said: "We believe parents are best positioned to make the right decisions for their families, which is why we offer a range of protections and tools that put parents in control. Overly broad laws like this actually break the systems we’ve built to help kids find high-quality, age-appropriate videos."
TikTok argues the law could override parents’ decisions about their child’s social media usage. A TikTok spokesperson called AB 1709 "a blatantly unconstitutional restriction on free expression that erodes the long-standing and protected practice of curating content based on user preferences, which book stores, TV networks and streaming services all use."
The companies also argue that the restrictions conflict with Section 230 of the Communications Decency Act, which generally protects online platforms from being held liable for content posted by third-party users.