"The State has not explored, or even considered, a less restrictive means to combat age discrimination in the entertainment industry before resorting to the drastic step of restricting speech."
U.S. District Judge Vince Chhabria in February sided with the IMDb, finding the law to be unconstitutional and. He also argued that the state didn't understand the very problem it was trying to solve and said it's really "a manifestation of the industry's insistence on objectifying women, overvaluing their looks while devaluing everything else."
The appeals court found the content in IMDB profiles isn't commercial speech, doesn't facilitate illegal conduct and doesn't implicate privacy concerns. Therefore government restriction of such content is subject to strict scrutiny. The 9th Circuit also disagreed that Chhabria's decision to deny discovery before ruling on the summary judgment motion was an abuse of discretion, finding no information that was requested could "unsettle" their conclusion that AB 1687 is a content-based restriction of speech and the least restrictive means to accomplish the stated goal.
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