On September 4, 2024, the Ninth Circuit reversed a trial court’s refusal to enjoin California’s controversial new social media law, AB 587. The decision was a victory for WLF, which filed an amicus brief in the case. As WLF’s brief explained, AB 587 violates the First Amendment because it compels companies to speak against their will, impermissibly interferes with the constitutionally protected editorial judgments of social media platforms and places an unjustified and undue burden on social media companies. The Ninth Circuit agreed, holding that X Corp. was likely to succeed on the merits of its First Amendment challenge because AB 587’s provisions are content based and not narrowly tailored to accomplish the State’s goals. WLF’s amicus brief was prepared with the generous pro bono assistance of Trent Norris, Mark Brennan, Ryan Thompson, Sophie Baum, and Alexander Tablan of Hogan Lovells US LLP.
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