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 © 2026 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

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

AEBN Announces Isiah Maxwell as Top Male Boy/Girl Performer for Summer 2026

AEBN has revealed its top 10 male Boy/Girl performers for summer 2026, with Isiah Maxwell landing atop the leaderboard.

JMan Launches AI Companion Solution for Adult Websites

Online industry veteran JMan has launched Orkestrait, an AI companion solution designed specifically for adult websites.

Johnny Sins Launches 'Fangate' Platform for Account-Free Content Sales

Johnny Sins has officially launched Fangate, a platform that allows creators to sell content directly to fans without requiring a user account or subscription.

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Creator and Sexual Wellness Brand Marketplace Platform 'Teasr' Launches

Teasr, an online marketplace for creators and sexual wellness brands that focuses on live-selling and video product demonstrations, has officially launched.

JulModels Launches Paysite Content Royalty Program for Performers

JulModels has introduced JulRoyalty, a feature that allows performers and creators to earn royalties from their existing scenes and clips.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

DarkFans Adds Time-Limited Content Pricing

DarkFans has debuted its Configure Limits feature for automating content promotions.

Show More