• by Wendy Davis , Yesterday

Citing the First Amendment, a federal judge on Thursday blocked a new Colorado law mandating cigarette-style warning labels for social media.

The statute, which had been slated to take effect in January, would have required social platforms to either provide minors with information about social media engagement that helps them "understand the impact of social media on the developing brain and the mental and physical health of youth users," or send pop-up warnings every 30 minutes to minors who use the platforms for more than one hour a day (or between 10 p.m. and 6 a.m.).

The tech industry group NetChoice -- which counts large tech companies including Google, Meta and Snap as members -- sued to block enforcement. The organization argued that the law's requirements violate the First Amendment by compelling platforms to spread the state's message that social media is harmful.

U.S. District Court Judge William Martinez in Denver agreed with NetChoice and issued a preliminary injunction prohibiting the state from attempting to enforce the law.

"The Court fully appreciates Colorado’s legitimate effort to protect the children and adolescents of our state from the impacts of social media use on their health and wellbeing," Martinez wrote. "The Court concludes, however, that it is substantially likely NetChoice will succeed on the merits of its claims that Colorado may not pursue this laudable goal by compelling social media companies to speak its expressive messages."

Colorado Attorney General Philip Weiser opposed NetChoice's bid for an injunction, arguing that the law merely requires social-media companies to provide "purely factual" and "uncontroversial" information.

But NetChoice argued to Martinez that there is "intense scholarly and social debate" about social media's impact on teens.

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."

Colorado is not the only state to approve legislation requiring social-media warnings. California also recently enacted a law requiring social-media platforms to display warning labels to teens under the age of 17.

That law, slated 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.”