Document Type
Article
Publication Date
Spring 5-20-2026
Abstract
Three recent Ninth Circuit decisions struck down parts of California’s content moderation laws regarding transparency, child-safety, and algorithmic design on First Amendment grounds. Such challenges act as a barrier to effective platform regulation. When examining past speech regulations that withstood such challenges, telecommunications law provides guidance for the platform context. The lack of expert administrative agencies accounts for the failures of content moderation regulation. This Forum Article argues for the creation of a specialized California agency to produce rules and regulations that withstand First Amendment challenges.
Repository Citation
Kohan, Roz, "When Platform Regulations Fail: An Institutional Fix for California Social Media Laws" (2026). LLR Forum. 4.
https://digitalcommons.lmu.edu/llr_forum/4
