Judge Freeman concluded that NetChoice demonstrated a likelihood of success in proving the Act is "facially unconstitutional" and would violate the First Amendment, and such "speech restrictions" would fail strict or even lesser scrutiny. An appeal by California Attorney General Robert Bonta was filed in the United States Court of Appeals for the Ninth Circuit shortly after.
On December 20, the first round of amicus curiae briefs submitted either in support of Attorney General Bonta or neither party were submitted. The authors of the briefs range from design scholars and privacy and First Amendment law professors to organizations like the American Academy of Pediatrics and the American Psychological Association.
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