The Brief

California lawmakers are pursuing legislation aimed at protecting children from the dangers of social media, one of many efforts around the country to confront what U.S. Surgeon General Vivek Murthy and other public health experts say is a mental health emergency among young people.

But California’s efforts, like those in other states, will likely face the same legal challenges that have thwarted previous legislative attempts to regulate social media. The tech industry has argued successfully that imposing rules regulating how social media operate and how people can use the online services violates the free speech rights of the companies and their customers.

A previous effort at confronting the issue, the California Age-Appropriate Design Code Act in 2022, now rests with the U.S. Court of Appeals for the 9th Circuit. A tech trade association sued to block the law and won an injunction from a lower court, largely on First Amendment grounds. The appeals court heard oral arguments in the case on July 17.

“At the end of the day, unconstitutional law protects zero children,” said Carl Szabo, vice president and general counsel for NetChoice, which argued for the tech giants before the federal appellate court.

Like the design code act, the two proposals now working their way through the California Legislature would reshape the way social media users under 18 interact with the services.

The first bill, by state Sen. Nancy Skinner (D-Berkeley), prohibits sending push notifications to children at night and during school hours. Skinner’s measure also requires parental permission before platforms can send social media offerings via algorithms, which are designed to offer feeds that children didn’t ask for but might keep them looking at their phones longer, rather than the traditional chronological feeds of those they follow on the app.

The second measure, by Assemblymember Buffy Wicks (D-Oakland), would amend California’s privacy laws to prohibit businesses from collecting, using, selling, or sharing data on minors without their informed consent — or, for those under 13, without their parents’ approval.

Both bills have bipartisan support and are backed by state Attorney General Rob Bonta. “We need to act now to protect our children,” Bonta said earlier this year, by “strengthening data privacy protections for minors and safeguarding youth against social media addiction.”

California Gov. Gavin Newsom, a Democrat, has been vocal about youth and social media, too, and recently called for a statewide ban on cellphones in schools. His positions on the two social media proposals are not yet known. “But I think the governor, like most every other Californian, is concerned about the harms of social media on kids,” Skinner said.

California’s efforts are especially significant because its influence as the most populous state often results in its setting standards that are then adopted by other states. Also, some of the big tech companies that would be most affected by the laws, including Meta, Apple, Snap, and Alphabet, the parent company of Google, are headquartered in the state.

“Parents are demanding this. That’s why you see Democrats and Republicans working together,” said Wicks, who with a Republican colleague co-authored the design code act that is tied up in litigation. “Regulation is coming, and we won’t stop until we can keep our kids safe online.”

The fate of the design code act stands as a cautionary tale. Passed without a dissenting vote, the law would set strict limits on data collection from minors and order privacy settings for children to default to their highest levels.

NetChoice, which immediately sued to block the law, has prevailed in similar cases in Ohio, Arkansas, and Mississippi. It is challenging legislation in Utah that was rewritten after NetChoice sued over the original version. And NetChoice’s lawyers argued before the U.S. Supreme Court that efforts in Texas and Florida to regulate social media content were unconstitutional. Those cases were remanded to lower courts for further review.

Though the particulars differ in each state, the bottom line is the same: Each of the laws has been stifled by an injunction, and none has taken effect.

“When you look at these sweeping laws like the California laws, they’re ambitious and I applaud them,” said Nancy Costello, a clinical law professor at Michigan State University and the director of the school’s First Amendment Clinic. “But the bigger and broader the law is, the greater chance that there will be a First Amendment violation found by the courts.”

The harmful effects of social media on children are well established. An advisory from Surgeon General Murthy last year warned of a “profound risk of harm” to young people, noting that a study of adolescents from ages 12 to 15 found that those who spent more than three hours a day on social media were at twice the risk of depression and anxiety as nonusers. A Gallup survey in 2023 found that U.S. teenagers spent nearly five hours a day on social media.

In June, Murthy called for warnings on social media platforms like those on tobacco products. Later that month came Newsom’s call to severely restrict the use of smartphones during the school day in California. Legislation to codify Newsom’s proposal is working its way through the state Assembly.

Federal legislation has been slow to materialize. A bipartisan bill to limit algorithm-derived feeds and keep children under 13 off social media was introduced in May, but Congress has done little to meaningfully rein in tech platforms — despite Meta’s chief executive, Mark Zuckerberg, apologizing in a U.S. Senate hearing for “the types of things that your families have had to suffer” because of social media harms.

It remains unclear what kinds of regulation the courts will permit. NetChoice has argued that many proposed social media regulations amount to the government dictating how privately owned firms set their editorial rules, in violation of the First Amendment. The industry also leans on Section 230 of the 1996 Communications Decency Act, which shields tech companies from liability for harmful content produced by a third party.

“We’re hoping lawmakers will realize that as much as you may want to, you can’t end-around the Constitution,” said Szabo, the NetChoice attorney. “The government is not a substitute for parents.”

Skinner tried and failed last year to pass legislation holding tech companies accountable for targeting children with harmful content. This year’s measure, which was overwhelmingly passed by the California Senate and is pending in the state Assembly, would bar tech companies from sending social media notifications to children between midnight and 6 a.m. every day, and 8 a.m. to 3 p.m. on school days. The bill also calls for platforms to require minors to obtain parental consent to use their core offerings, and would limit their use to an hour to 90 minutes a day by default.

“If the private sector is not willing to modify their product in a way that makes it safe for Californians, then we have to require them to,” Skinner said, adding that parts of her proposal are standard practice in the European Union.

“Social media has already accommodated users in many parts of the world, but not the U.S.,” she said. “They can do it. They’ve chosen not to.”

Wicks, meanwhile, said she considers her data bill to be about consumer protection, not speech. The proposal would close a loophole in the California Electronic Communications Privacy Act to prevent social media platforms from collecting and sharing information on anyone under 18 unless they opt in. The Assembly approved Wicks’ measure without dissent, sending it to the state Senate for consideration.

Costello suggested that focusing the proposals more narrowly might give them a better chance of surviving court challenges. She is part of an effort coordinated by Harvard’s T.H. Chan School of Public Health to write model legislation that would require third-party assessments of the risks posed by the algorithms used by social media apps.

“It means that we’re not restricting content, we’re measuring harms,” Costello said. Once the harms are documented, the results would be publicly available and could lead state attorneys general to take legal action. Government agencies adopted a similar approach against tobacco companies in the 1990s, suing for deceptive advertising or business practices.

Szabo said NetChoice has worked with states to enact what he called “constitutional and commonsense laws,” citing measures in Virginia and Florida that would mandate digital education in school. “There is a role for government,” Szabo said. (The Florida measure failed.)

But with little momentum on actual regulation at the national level, state legislators continue to try to fill the vacuum. New York recently passed legislation similar to Skinner’s, which the state senator said was an encouraging sign.

Will NetChoice race for an injunction in New York? “We are having lots of conversations about it,” Szabo said.

This article was produced by KFF Health News, which publishes California Healthline, an editorially independent service of the California Health Care Foundation.

William Contreras hit a tying homer in the fifth and singled home the go-ahead run an inning later as the Milwaukee Brewers defeated the Los Angeles Dodgers 7-4 on Monday in Game 2 of the National League Championship Series.

Four relievers combined to retire the last 15 Dodgers batters in order as the Brewers took a 2-0 lead over the two-time defending World Series champions in this best-of-seven series, which heads to Los Angeles for Game 3 on Wednesday.

The Brewers are chasing their second pennant and first in the NL. They made their lone World Series appearance in 1982, when they were in the American League.

Los Angeles is trying to become the first NL team to win three straight World Series. The Dodgers last rallied from a 2-0 deficit to win a series in 2020, when they beat the Atlanta Braves in a seven-game NLCS before going on to win the World Series.

The Dodgers will need more punch from their lineup to have a chance at getting back to the Fall Classic. They mustered just three hits Monday and went 0 for 4 with runners in scoring position to drop to 2 for 26 in those situations this postseason.

Los Angeles couldn’t even get a boost from Yoshinobu Yamamoto, who entered 8-1 with a 2.14 ERA in 11 career playoff appearances. Yamamoto lasted just 2 2/3 innings for his shortest postseason start.

The Dodgers took the lead on three occasions in the first five innings. Milwaukee responded each time, the last coming when Contreras tied the game with a 436-foot homer to center off Kris Bubic in the fifth.

That turned the game into a battle of the bullpens, where the Brewers again had the edge.

Dustin May, JoJo Romero, Abner Uribe and Aaron Ashby combined to shut down the Dodgers after Logan Henderson’s early exit.

The score was tied 4-all when Milwaukee’s David Hamilton was hit by a pitch from Brock Stewart to lead off the sixth. Stewart attempted a pickoff throw that went off the glove of first baseman Freddie Freeman and into foul territory for an error, advancing Hamilton to second.

After Jackson Chourio grounded out, the right-handed Stewart walked the left-handed-hitting Brice Turang to face the right-handed Contreras, who had homered in his previous plate appearance.

Contreras singled to left this time to bring home Hamilton with the go-ahead run.

Turang and Jake Bauers added RBI singles in the eighth to extend Milwaukee’s lead.

Neither starter lasts long

The anticipated pitchers’ duel between Yamamoto and Henderson didn’t work out according to plan.

In three previous playoff starts following Dodgers losses, Yamamoto had gone 3-0 with a 1.23 ERA. When he faced the Brewers in last year’s NLCS, he threw the first playoff complete game since Justin Verlander did it in 2017.

This time, Yamamoto couldn’t even make it out of the third inning before leaving with the Dodgers behind 3-2.

Henderson entered Monday having not allowed more than three runs in any of his 24 career starts (including the postseason). That streak ended when he allowed four runs over four innings.

Because Henderson committed two errors — matching his previous career total — only two of the runs were earned.

Milwaukee trailed 2-1 in the third when Bauers capped a 12-pitch plate appearance by taking a 3-2 offering in the dirt to load the bases with a walk. Christian Yelich followed by lining a single up the middle that brought home two runs and knocked Yamamoto out of the game.

Los Angeles bailed out Yamamoto by scoring twice in the fifth.

After Kyle Tucker hit a leadoff double, Tommy Edman sacrificed him to third. Henderson fielded the bunt and made a wild throw to first, enabling Tucker to score and moving Edman to second.

Edman advanced to third when Mookie Betts grounded out, and scored on Freeman’s sacrifice fly.

Henderson also had made a wild throw to first on a pickoff attempt in the third inning that allowed Edman to score from third.

Up next

Robert Gasser (5-5, 3.87 ERA) is expected to start for Milwaukee in Game 3. Gasser allowed one run over five innings when the Brewers won 3-1 at San Diego to clinch their NL Division Series.

The Dodgers hadn’t announced their Game 3 starting pitcher.

Actor and disability rights advocate RJ Mitte, who brought a lifetime of experience with cerebral palsy to fictional family struggles in an essential role on “Breaking Bad,” died Monday at age 34, authorities and his representatives said.

Cameron County Justice of the Peace Cyndi Hinojosa told The Associated Press she declared Mitte dead at about 1:30 p.m. at what she believed was his home in Brownsville, Texas. She said she was unable to provide a cause, but an autopsy will be performed.

Mitte played Walter White Jr., the son of Bryan Cranston’s chemistry teacher-turned-meth dealer Walter White on nearly every episode of the five seasons of the AMC show, which recently ranked as the best of the 21st century in a New York Times poll.

Diagnosed at age 3, Mitte told the AP in 2014 that his disability and the surrounding struggles with physical therapy, family problems and exorbitant medical bills — all key subjects on the show — made him better at his job.“You develop a different mentality and you develop a different look at how the world sees you and how you see the world,” he said. “You’re able to use that. And I think it’s an asset instead of something that would hinder.”

Mitte was born and raised in Jackson, Mississippi.

He landed small guest roles on sitcoms after moving to Los Angeles to act in 2006. Like his character, he was in his mid-teens when he began his work on “Breaking Bad,” starting in 2007. The show ran from 2008 to 2013.

“Mitte brought authenticity to the role and built a platform on disability awareness and inclusion,” the actor’s representatives said in a statement announcing his death. The statement said he used “his platform to challenge stereotypes and promote greater representation.”

His later credits included the ABC Family series “Switched at Birth” and the superhero satire series “Guardians of Justice.”

He was also a producer of several independent films.

As an advocate, he served as an ambassador for United Cerebral Palsy and Shriners Children’s. He was also president of his own Mitte Foundation supporting philanthropic and community initiatives around disabilities.

The drumbeat of monster hurricanes in the Pacific has broken a record for nasty long-lasting storms east of the international date line, turbocharged by nature’s supersized El Niño, scientists said.

“Since September 20th, when Odalys formed, it’s been berserk,” said Colorado State University researcher Phil Klotzbach, who forecasts and studies storm activity. “This year just everything that forms is just lasting a long time and getting really powerful.”

One of the key measurements meteorologists use to judge hurricane seasons is called accumulated cyclone energy, or ACE, which includes a storm’s wind speed and longevity. On Sunday, a section of the Pacific east of the date line, which brews storms headed for Hawaii, Mexico and the U.S. West Coast, passed the old mark set in 2018. The area is still going strong with Hurricane Simon and appears on the verge of spawning another one that will really ramp up in strength, Klotzbach said.

On Tuesday, the Pacific will tie a record for most days with a hurricane spinning and is likely to break it soon after that, Klotzbach said.

“It feels like almost everything that can spin up does spin up,” said University of Arizona atmospheric scientist Kim Wood.

El Niño and warm water are boosting Pacific hurricanes

Several meteorological factors have come together to supercharge the Pacific, chief among them the El Niño, Klotzbach and other hurricane researchers said. An El Niño weakens and shifts the high altitude vertical winds that otherwise can dampen or even decapitate storms. In the Pacific, that wind shear runs east to west, generally with the direction storms travel, so it’s like riding a bicycle with a tail wind, Klotzbach said.

Meanwhile, the weather pattern has dampened hurricanes in the Atlantic, where the ACE is less than 18% of what’s normal for this time of year. El Niño makes the wind shear in the Atlantic like riding into a headwind, he said.

Another factor is warm water, which serves as hurricane fuel. By definition El Niño is a warming of the equatorial Pacific that changes weather worldwide. In the Pacific storm basin, it’s several degrees Fahrenheit warmer than normal, said Kristen Corbosiero, a professor of storm atmospheric sciences at the University at Albany in New York.

Usually in the Pacific, the extra warm storm-friendly water doesn’t run as deep as it does in the Atlantic. So when one storm goes over a patch of water, it brings up cold water and makes it hard for a subsequent storm in the same area to stay alive, Wood said. But not this year.

Hurricane Rachel, whose remnants swamped Las Vegas over the weekend, didn’t suffer as it went over, churned up by Category 5 Hurricane Polo, Wood said. She said the waters are warm from both El Niño and climate change from the burning of coal, oil and gas.

Another factor in recent storms was a counterclockwise atmosphere spin over Central America — called a gyre — that spits out seeds of stormy weather that can form into hurricanes. It spit out both the Atlantic’s Isaias and the Pacific’s Simon at about the same time, Corbosiero and Klotzbach said.

Five major hurricanes in a row

The last five Pacific hurricanes — long-lasting Nolo, Odalys, Polo, Rachel and Simon — have all reached major status with winds of at least 111 mph (178.6 kph). Nolo, Odalys and Simon hit Category 4, while Polo set the record for time spent at Category 5 at two-and-a-half days.

When Klotzbach made those calculations on the record-breaking activity of the eastern and central Pacific, he looked at all storms east of the date line.

That’s a slightly different approach from the National Oceanic and Atmospheric Administration, which breaks that broad area into two regions. Neither NOAA-defined region is quite at record levels for ACE yet; put together they are.

Part of that is because often when one of those subregions is more active, the other isn’t quite as crazy, but in 2026 they both are hyperactive, Wood said.≠

“This is the first year that both sides have been this active together,” Wood said. “Usually it’s kind of focused more on one or the other, so that speaks to just the wide extent across this region of where there’s been that lower shear, those warmer waters, and that higher moisture.”

Off the Mexican coast is a disturbance that the National Hurricane Center gives a 90% chance of becoming Tropical Storm Trudy, which then could power up to something big, Klotzbach and Corbosiero said.

“It seems like that area is just one after another. So I would not be surprised to have another storm,” Corbosiero said. “This year, because of the El Niño, we do have very favorable conditions. So as long as there’s some sort of the seeds either from the gyre or from remnant ends of cold fronts, it seems like this is going to continue for a bit.”

California students enrolled in public colleges and universities are now eligible to apply for CalFresh, the state’s food benefits program, Gov. Gavin Newsom announced Friday.

Students enrolled in a degree program at a California Community College, California State University or the University of California may be eligible for up to $300 a month to spend on food at grocery stores and farmers markets.

“We can’t expect students to learn if they’re hungry, and in California, there is no reason for them to be, whether they’re in kindergarten, high school, or college,” Newsom said in a Friday statement. “You shouldn’t have to jump through hoops to get the food benefits you’re entitled to, and now you don’t have to.”

Those who are enrolled in an associate or bachelor’s degree program, at least half time, can apply here. Newsom said that the state expects more than 200,000 additional students to enroll in CalFresh after program expansion.

“This is what government is supposed to do: help the people we serve. It is my hope that these changes will continue to make it easier for students to access CalFresh, the largest anti-hunger program in the country,” California Department of Social Services Director Jennifer Troia said in a Friday statement.