CDT Files Joint Amicus Brief In Opposition to Misleading Social Media Warning Labels

CDT Files Joint Amicus Brief In Opposition to Misleading Social Media Warning Labels Also authored by CDT Intern Tia Vaish. CDT, alongside the LGBT Technology Institute, Trevor Project, and the Surveillance Technology Oversight Project, filed an amicus brief in NetChoice v. Weiser before the U.S. Court of Appeals for the Tenth Circuit. The case challenges Colorado House Bill 24-1136. This law compels social media platforms, defined broadly by the act, to share state-dictated messages via recurring notifications regarding the impacts of social media. Requiring this message to be consistent with strict state-standards risks misleading users to believe a one-sided narrative about the negative impacts of social media use. A federal district court has already enjoined the act, ruling that it unconstitutionally compels speech. Colorado appealed, arguing its mandated messages are merely “factual and uncontroversial,” which would subject the law to the lower Zauderer standard rather than strict First Amendment scrutiny. CDT’s brief argues that, because the law compels non-commercial speech by social media platforms, it is subject to strict scrutiny and does not pass that standard. Even if the court were to apply the more deferential Zauderer standard of review that applies to compelled commercial disclosures, the law would nevertheless fail to pass constitutional muster for several reasons. Research on children’s social media use is highly variable, with certain studies showing correlational harm while others demonstrating that social media can be beneficial. The State’s mandated warning label, therefore, provides users only with one side of an ongoing scientific debate, rendering that warning label neither factual nor uncontroversial. CDT’s brief emphasizes that while Colorado’s social media warning law risks misleading users, better crafted transparency mandates are permissible under the First Amendment and can help empower users and the public with important information regarding their health and safety. For more on CDT’s transparency advocacy, visit our First Amendment Tech Transparency Roadmap.