Judge Allows Challenge of Maryland Age-Appropriate Design Code to Continue
A federal court denied the Maryland attorney general’s motion to dismiss a case about the constitutionality of the Maryland Age-Appropriate Design Code (MAADC) Act on Monday. Judge Richard Bennett ruled that trade group NetChoice “stated a plausible cause of action,” allowing the case to move ahead.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
NetChoice refiled case 1:25-cv-00322 at the end of March, alleging the MAADC Act, known as the Kids Code, violates the First Amendment and puts cybersecurity and privacy risks on state residents (see 2503310040). Maryland Attorney General Anthony Brown (D), however, argued NetChoice failed to state a claim and lacked jurisdiction to bring the case (see 2506230045).
In his ruling Monday, Bennett disagreed with Brown. He said NetChoice claimed associational standing, as it has “sufficiently alleged that its claims raise industry-wide issues,” as well as Article III standing, as it has “sufficiently alleged an injury-in-fact” since “the Kids Code burdens its members’ protected provision of curated content” and “subjects its members to compelled speech and may require them to censor content according to state proscriptions.”
Additionally, NetChoice has “adequately alleged that the Kids Code regulates constitutionally protected speech or expression of its members and their users” and “met its burden as to its facial challenge.”
However, Bennett reiterated that “this Court makes no determinations about the merits" of NetChoice's challenge of the Kids Code. “Any conclusions as to the merits of NetChoice’s claims await a period of discovery and further analysis,” and “the Kids Code remains in effect” while that is pending.