• by Wendy Davis , Yesterday

A Utah-led state coalition is asking a federal appellate court to allow Colorado to enforce a new law mandating cigarette-style warnings for social media.

"This case involves Colorado’s simple requirement that social media platforms provide fact-based notices about their products -- products that for many users are as addictive as they are pervasive," attorneys general from 42 states and the District of Columbia argue in a friend-of-the-court brief filed Monday with the 10th Circuit Court of Appeals.

The officials argue that Colorado's warning label law aims to protect young people from mental-health harms that some researchers have linked to social media "overuse" -- including depression and suicidal thoughts.

"States have a vital interest -- and a moral duty -- to protect their youth and children by curbing these harms," the attorneys general write.

Colorado's Healthier Social Media Use by Youth Act, which had been slated to take effect in January, requires 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 group NetChoice sued over the law, arguing it violates the First Amendment by forcing platforms to spread Colorado's "highly controversial" view that social media is harmful.

The organization, which represents large platforms including Google and Meta, argued in its court papers that there is "intense scholarly and social debate" regarding social media's actual effect on users.

Former Surgeon General Dr. Vivek H. Murthy said in a 2023 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."

In November, U.S. District Court Judge William Martinez in Denver blocked enforcement, ruling that the statute likely violates the First Amendment.

"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 recently asked the 10th Circuit to reverse that ruling and allow enforcement, arguing that the law is comparable to statutes mandating health and safety disclosures for tobacco, alcohol, hazardous products and other goods. 

NetChoice is expected to respond to the arguments in July.

Other states including California, Minnesota and New York have laws similar to Colorado's. Last month, NetChoice sued in Minnesota to block that state's statute. That matter is currently pending in front of U.S. District Court Judge Nancy Brasel.