Maryland's Kids Code Law: A Legal Battle Looms as Federal Ruling Raises Concerns

Maryland, along with California, has passed a Kids Code law aimed at providing privacy and other protections for children using online platforms. However, a recent federal appeals court decision upholding much of a lower court's injunction on the California law has raised new fears about the vulnerability of Maryland's law to court challenge.

Navigating the Legal Landscape: Maryland's Kids Code Law Faces Uncertainty

The California Precedent: A Mixed Bag for Kids Code Supporters

The August 16th ruling by the 9th U.S. Circuit Court of Appeals delivered a mixed outcome for supporters of the Kids Code laws. While the court said a lower court may have gone too far in issuing a preliminary injunction on First Amendment grounds, it largely agreed that tech firms were likely to succeed on their claim that the law violates free speech protections. The court found that the requirement for tech companies to review products they believe would be used by children for potentially harmful content amounted to a restraint on speech.This ruling has raised concerns about the constitutionality of Maryland's Kids Code law, which is based on the California law. The Maryland law was passed this year and is set to take effect in October, but it remains vulnerable to legal challenges. Advocates have worked to strengthen the bill against legal attacks, but the federal court's decision has left open several constitutional questions that could still be tested in court.

The Ongoing Battle: NetChoice's Aggressive Opposition and Maryland's Response

The effort to challenge the Kids Code laws has been led by NetChoice, a tech industry group that has lobbied aggressively against state-level regulations. The group has a presence in more than two dozen states, and its opposition to the Maryland law is bolstered by the individual lobbying efforts of tech giants like Google, Meta, and Amazon.In response, Maryland lawmakers have attempted to address the legal concerns raised by the California ruling. The Maryland law includes language that aims to make it clear there is no intent to censor content or limit access to it. Additionally, the law more clearly defines the "best interest of the child" and includes physical, financial, and psychological harm as considerations.Advocates also point to the inclusion of language in the Maryland law that prevents the entire law from being struck down if a court finds one or more provisions unconstitutional. This is seen as a strategic move to preserve the core protections of the Kids Code law, even if specific provisions face legal challenges.

The Waiting Game: NetChoice's Potential Strategy and the Maryland Law's Uncertain Future

Despite the lack of a legal challenge to the Maryland law so far, experts believe NetChoice could be biding its time while awaiting a final decision on the California law. The group's spokesperson has declined to discuss its legal strategy publicly, but the similarities between the two laws suggest that NetChoice may be waiting to see how the California case plays out before deciding on its next move in Maryland.The Maryland law's supporters, however, remain confident that their state's version will be the first to withstand judicial scrutiny. Del. Jared Solomon, who sponsored the House version of the bill, expressed his belief that the Maryland law would be the first to do so, though he has not responded to requests for comment on the impact of the California ruling.Ultimately, the fate of Maryland's Kids Code law remains uncertain. The federal appeals court's decision in the California case has raised new questions about the constitutionality of the provisions, and a legal challenge could still emerge once the Maryland law takes effect in October. As the legal battle continues, Maryland's lawmakers and advocates will need to navigate the complex legal landscape to ensure the long-term viability of the state's efforts to protect children's privacy and safety online.