9th Circuit Rejects First Amendment Challenge to California's AB5

9th Circuit Rejects First Amendment Challenge to California's AB5

PASADENA, Calif. — A panel of Ninth Circuit appeal judges rejected yesterday a First Amendment and Equal Protection challenge to California's Assembly Bill 5, a law that makes it harder for businesses to classify certain professionals — including writers, photographers and video content producers — as freelancers rather than as employees.

The panel’s decision “affirmed the district court’s dismissal of a suit brought by the American Society of Journalists and Authors and the National Press Photographers Association challenging, on First Amendment and Equal Protection grounds, California’s Assembly Bill 5 and its subsequent amendments.”

Previously, employers could use the so-called “ABC test,” set forth in the Dynamex case, to ascertain whether a worker should be classified as an employee or an independent contractor.

AB5, now codified as section 2778 of the California Labor Code, includes exemptions for certain occupations. The challenge, by the American Society of Journalists and Authors and the National Press Photographers Association, was on the grounds that “freelance writers, photographers and others received a narrower exemption than was offered to certain other professionals.”

The professional organizations argued that AB5 “effectuates content-based preferences for certain kinds of speech, burdens journalism and burdens the right to film matters of public interest.”

The Ninth Circuit judges held that AB5 does not regulate speech, but economic activity, and “does not, on its face, limit what someone can or cannot communicate[,] nor does it restrict when, where, or how someone can speak.”

The panel did acknowledge that the ABC classification “may indeed impose greater costs on hiring entities, which in turn could mean fewer overall job opportunities for certain workers.”

Adult industry groups have been expressing serious concerns about AB5 — the so-called "Uber/Lyft law" — affecting many sex workers, including cam performers, since it went into effect on January 1, 2020.

In September 2020, Governor Gavin Newsom signed a "clean-up bill," Assembly Bill 2257, into law, providing a series of exemptions and clarifications.

AB2257 amended AB5 by addressing a multitude of issues brought to the attention of state government — and especially of the bill's main sponsor, Democratic Assemblyperson Lorena Gonzalez of San Diego — by a number of California industries, stakeholders and workers, including adult entertainers and advocacy groups.

AB5 Decision

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

New Creator Directory 'TrustyFans' Launches

TrustyFans, a new directory for creators, has officially launched.

Corey Silverstein to Host Webinar on 'SCOTUS Age Verification Ruling'

Where Does Age Verification Go From Here," to livestream July 10 at 4 p.m. (EDT).

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

Teasy Agency Joins Pineapple Support as Supporter-Level Sponsor

Teasy Agency has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Aylo, Pineapple Support Partner for Mental Health Video Series

Aylo has teamed up with Pineapple Support to create a safety video series aimed at educating performers and creators about mental health.

Ofcom Investigates FTV Sites for Possible AV Noncompliance

U.K. media regulator Ofcom is investigating First Time Videos, which operates the sites FTVGirls.com and FTVMilfs.com, for possible failure to comply with age assurance requirements under the Online Safety Act.

Stalwart Defender: Jeffrey Douglas on 30 Years Fighting for Free Expression

“If you had told me in 1995 that I would be on the FSC board for 30 years, I would have laughed out loud,” says Jeffrey Douglas.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Show More