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9th U.S. Circuit Court of Appeals

Nov. 13, 2023

9th Circuit to hear how pesticide law might apply to social media

AB 587, the state’s content moderation law, “cannot withstand strict scrutiny, which requires that a law be ‘narrowly tailored to serve compelling state interests,’” Joel Kurtzberg, a partner with Cahill Gordon & Reindel LLP, wrote on behalf of X Corp.

Ahead of a hearing Monday, X Corp. turned to a recent ruling on Proposition 65 warnings to argue for an injunction against California’s social media content moderation law.

In a notice of supplemental authority filed Thursday, the company cited a 9th U.S. Circuit Court of Appeals panel opinion last week barring the state from demanding warnings of cancer risks on the herbicide glyphosate.

Much of the language fr...

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