Social Media

The House Commerce Committee on Thursday will mark up two national security-related bills targeting TikTok, including one from Chair Cathy McMorris Rodgers, R-Wash., and ranking member Frank Pallone, D-N.J.

Bipartisan support seems possible for a Minnesota bill that includes limits on social media, the House Commerce Committee’s lead Republican Rep. Tim O’Driscoll said during a livestreamed hearing Monday. The committee voted unanimously by voice to move the bill (HF-4400) to the Judiciary Committee. The measure, from Chair Zack Stephenson (D), would require more private settings by default on social media networks and for platforms to prioritize content that users prefer and perceive as high quality over posts that gain high engagement from other users. Also, the bill would set limits on how much users, especially new users, can engage with others on social media. Rep. Harry Niska (R) said he would support the measure, though he worries about the "constitutional thicket that we're stepping into." Minnesota should avoid regulating speech, said Niska, adding it might be good to wait for the U.S. Supreme Court to resolve NetChoice lawsuits against Texas and Florida social media laws. Also, Niska disagreed with the bill's inclusion of a private right of action; he favors leaving enforcement solely to the state attorney general. Stephenson aims to keep HF-4400 away from regulating content to avoid constitutional problems, he replied. Also, Stephenson conceded to having “mixed feelings” about the bill allowing private lawsuits and is open to talking more about that. The Chamber of Progress opposes the bill, which "would produce a worse online experience for residents of Minnesota and almost certainly fail in court,” said Robert Singleton, the tech industry group’s director-policy and public affairs for the western U.S. Among other concerns, imposing daily limits on user activity would restrict speech in violation of the First Amendment, the lobbyist said. The Computer & Communications Industry Association raised First Amendment and other concerns with HF-4400 in written testimony.

A possible Florida ban on children using social media gained support in the state's Senate after lawmakers revised the proposal and included parental consent. Senators voted 30-5 for the measure Monday after Gov. Ron DeSantis (R) on Friday vetoed a previous bill (HB-1) that would have banned kids younger than 16 from having social media accounts, regardless of parental consent. However, tech industry groups and some Florida Democrats continue opposing the proposal that would require mandatory age verification.

Florida Gov. Ron DeSantis (R) vetoed a proposed social media ban for kids younger than 16 on Friday. DeSantis earlier raised concerns about HB-1 lacking an option for parents to give their children consent to have social media accounts (see 2402220051). But legislators declined to provide a parental option to override the proposed state ban. He vetoed the measure because lawmakers are "about to produce a different, superior bill," the governor wrote to House Speaker Paul Renner (R). "Protecting children from harms associated with social media is important, as is supporting parents' rights and maintaining the ability of adults to engage in anonymous speech. I anticipate the new bill will recognize these priorities and will be signed into law soon." Renner, who had made the bill a priority, and HB-1 sponsor Rep. Fiona McFarland (R) didn’t comment by our deadline. Meanwhile, the Florida House voted 109-0 Friday for HB-1541, which would require social media platforms that foreign adversaries own to disclose how they curate, personalize and target content and how they treat misinformation and harmful content. The House sent the bill to the Senate, which has a similar measure (SB-1448).

A U.S. Supreme Court decision recognizing the need for social media regulation -- despite First Amendment and Section 230 protections -- would be a “big victory” for Florida and Texas, New York Deputy Solicitor General Ester Murdukhayeva said Thursday.

The Utah House voted 64-0 on Wednesday for a bill that requires content filters when minors use tablets and smartphones. Eleven members were absent or didn’t vote. Because the House amended the bill, SB-104 must return to the Senate. Utah senators previously voted 25-3 in favor of the measure (see 2402070074). Meanwhile, lawmakers in other states advanced privacy and social media legislation this week. The West Virginia House voted 91-0 Wednesday for a consumer privacy bill (HB-5338) and sent it to the Senate. On Tuesday, the Georgia Senate voted 37-15 for another comprehensive privacy bill (SB-473), sending the measure to the House. On Monday, the Georgia Senate voted 51-1 for a measure requiring education for children about social media and the internet (SB-351). On Tuesday in Virginia, the House Commerce Committee voted 21-0 to advance a kids’ privacy bill (SB-361) that would add children-specific protections to the state’s comprehensive consumer privacy law. The Senate previously passed the bill 40-0 (see 2402120072). Also that day, the Missouri House Innovation Committee cleared HB-2141, which would prohibit state employees from using TikTok (see 2401030014). In Florida, the Senate Fiscal Policy Committee approved SB-1448 Tuesday, requiring platforms that foreign adversaries own to disclose how they curate, personalize and target content and how they address misinformation and harmful content. A House version of the bill advanced last week (see 2402220051).

If the U.S. Supreme Court blocks social media laws in Florida and Texas, it could have a chilling effect on states trying to regulate online content, a panel of experts said Tuesday. Speaking at a Federalist Society webinar event, panelists said a ruling bolstering the tech industry’s First Amendment rights could jeopardize the constitutionality of laws aimed at regulating kids’ online safety. The Supreme Court held oral argument Monday in NetChoice v. Paxton (22-555) and Moody v. NetChoice (22-277) (see 2402260051).

It’s possible social media platforms could be considered common carriers when delivering emails or direct messages, the U.S. Supreme Court's conservative justices said Monday.

Florida’s proposed social media ban for kids younger than 16 will head to Gov. Ron DeSantis (R). The House voted 108-7 Thursday to concur with Senate changes to HB-1, which also would require age verification to block kids less than 18 from pornography online. DeSantis said he has concerns about the bill restricting parents from allowing kids to have social media accounts (see 2402220051). The Senate passed HB-1 by a 23-14 vote earlier Thursday.

Expect a U.S. Supreme Court majority to side with the tech industry in its content moderation fight against social media laws in Florida and Texas, experts told us in interviews last week.