• by Wendy Davis , Yesterday

Colorado Attorney Philip Weiser on Monday appealed an order prohibiting enforcement of a new law mandating cigarette-style warning labels for social media.

U.S. District Court Judge William Martinez in Denver blocked the law last month, ruling that it likely violates the First Amendment.

Martinez said in a written order issued November 6 that he "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."

But, he added, it is "substantially likely" that the tech group NetChoice -- which sued over the law -- will prevail with its claims that the statute is unconstitutional.

The measure, 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.).

NetChoice -- which counts large tech companies including Google, Meta and Snap as members -- argued in its challenge to the law that the requirements violate the First Amendment by compelling platforms to spread the message that social media is harmful.

Colorado's Weiser defended the law, arguing that it only requires social platforms to provide "purely factual" and "uncontroversial" information.

But NetChoice countered that there is ongoing 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 hasn't yet made substantive arguments to the 8th Circuit Court of Appeal.

California also recently enacted a law requiring social media platforms to display warning labels to teens under the age of 17.

That statute, slated to take effect in 2027, requires social media companies to "clearly and conspicuously" state the following: “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.”