News Coalition Led by WKEN Files Federal Lawsuit Against California’s AB 789 Digital Journalism Law
SAN FRANCISCO, CA — West Coast Editorial News (WKEN), a prominent regional news organization, has taken a significant legal step by filing a lawsuit in the U.S. District Court for the Northern District of California. The suit, formally submitted on February 14, 2025, directly challenges the recently enacted California Assembly Bill 789 (AB 789). This piece of legislation, officially titled the “Digital Journalism Compensation Act,” is at the heart of a growing national debate concerning the relationship between technology platforms and news publishers.
AB 789 is designed to compel large online platforms – those that link to or utilize news content – to compensate news publishers for that usage. The intent behind the bill, as articulated by its proponents in the California State Legislature, is to provide financial support to the struggling news industry, particularly local journalism, which has faced significant economic challenges in the digital age. The law is currently scheduled to take effect on March 1, 2025.
WKEN is not acting alone in this challenge. It leads a coalition of ten regional news outlets that have joined the lawsuit as plaintiffs. Among the named members of this coalition is the Pacific Northwest Chronicle, signaling the broad geographic concern among regional publishers regarding the California statute’s implications. The coalition argues that AB 789 is fundamentally flawed and unconstitutional.
The Legal Basis for the Challenge
The core of the lawsuit rests on the assertion that AB 789 violates key federal legal principles and the U.S. Constitution. Specifically, the plaintiffs contend that the California law is preempted by or conflicts with the Communications Decency Act. This federal statute, particularly Section 230, has long provided legal protection to online platforms regarding third-party content, fostering the growth of the internet as a space for open communication and linking. The lawsuit suggests that AB 789, by mandating payment for linking or using content, improperly treats platforms as publishers or otherwise interferes with the legal framework established by the Communications Decency Act.
Furthermore, the ten regional news outlets represented by WKEN argue that AB 789 runs afoul of the U.S. Constitution. Their legal filing highlights concerns that the law interferes with fundamental rights, particularly related to internet speech and editorial independence. The coalition posits that requiring platforms to pay for linking could create an environment where platforms are incentivized to not link to news content, thereby harming the very publishers the law intends to help by limiting their reach and audience engagement. Conversely, they argue it could also give platforms undue leverage or influence over publishers, potentially impacting editorial independence as news organizations become financially dependent on platform payments mandated by state law.
The lawsuit characterizes AB 789 as an attempt by California to regulate the internet and content distribution in a manner that is inconsistent with federal law and constitutional protections. The coalition argues that the state is overstepping its authority by attempting to dictate terms between publishers and platforms in a way that disrupts the established dynamics of online information dissemination.
Seeking Immediate Injunctive Relief
Given that AB 789 is set to become effective in just over two weeks on March 1, 2025, a critical component of the lawsuit filed on February 14, 2025, is the request for an immediate injunction. WKEN and the coalition are seeking a court order that would prevent the state of California from implementing or enforcing the law while the legal challenge proceeds. The plaintiffs argue that allowing the law to take effect, even temporarily, would cause irreparable harm to news publishers and platforms, creating uncertainty, disrupting existing business models, and potentially leading to changes in how news is shared and accessed online that would be difficult or impossible to reverse.
An immediate injunction is a form of preliminary relief granted by a court to prevent action until the court can make a final decision on the merits of the case. To obtain such an injunction, the plaintiffs must typically demonstrate a likelihood of success on their claims and show that they will suffer irreparable harm if the injunction is not granted. The request underscores the urgency with which WKEN and the coalition view the potential consequences of AB 789 taking effect as scheduled.
Broader Implications and What Lies Ahead
The lawsuit filed by WKEN and the coalition of ten regional news outlets, including the Pacific Northwest Chronicle, in the U.S. District Court for the Northern District of California represents a significant legal challenge to the model proposed by California’s AB 789, the “Digital Journalism Compensation Act.” This case is being watched closely by news organizations, technology companies, and policymakers across the United States and internationally, as similar legislative efforts have been debated in other jurisdictions.
Supporters of laws like AB 789 contend they are necessary to create a more equitable relationship between platforms that benefit from the distribution of news and the publishers who invest in creating it. Opponents, like the plaintiffs in this case, argue these laws risk disrupting the open internet, harming smaller publishers, and potentially leading platforms to delist news content entirely rather than pay mandated fees.
With the lawsuit filed just weeks before the law’s effective date, the first major action in the U.S. District Court for the Northern District of California will be the court’s consideration of the request for an immediate injunction. The state of California will have the opportunity to respond to the lawsuit and the injunction request, setting the stage for legal arguments that will likely shape the future of compensation models for digital journalism and the legal framework governing online platforms and content distribution.
