
California Governor Gavin Newsom this week
signed a bill requiring social media platforms to display cigarette-style warning labels to teens under the age of 17.
AB 56, set to take effect in 2027, specifically requires social media companies
to post warnings that "clearly and conspicuously" state the following message: “The Surgeon General has warned that while social media may have benefits for some young users, social media is
associated with significant mental health harms and has not been proven safe for young users.”
The tech group NetChoice -- which counts large tech companies including
Google, Meta and Snap as members -- unsuccessfully urged Newsom to veto the measure,
arguing it violates the First Amendment.
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The organization argued that the law will force platforms that host constitutionally protected speech to "regularly warn their users
against engaging with the platform and disseminate unscientific assessments about the safety of said expression."
The organization added: "Drawing parallels between cancer and
expression reflects a fundamental misunderstanding of First Amendment law that renders this legislation legally indefensible."
Colorado recently passed a similar law, which
NetChoice is seeking to block. The group argued in recent court papers that
the Colorado measure violates the First Amendment by forcing "private websites to act as mouthpieces for the state."
Colorado Attorney General Philip Weiser countered in papers
filed late last month with U.S. District Court Judge William Martinez in Denver that the law merely requires social media companies to provide "purely factual" and "uncontroversial" information.
In 2023, former Surgeon General Dr. Vivek H. Murthy said in a report that social media "may have benefits for some children and adolescents," but could also
pose "a profound risk of harm to the mental health and well-being of children and adolescents."
Martinez is expected to hear arguments Thursday regarding Colorado's law.