• by Wendy Davis , 7 hours ago

The tech group NetChoice is pressing a federal judge to prohibit enforcement of a Minnesota law requiring social platforms to display cigarette-style warning labels every time someone accesses a platform.

"The Act compels covered websites to speak the state’s message on the highly controversial topic of 'potential negative mental health impacts' of social media on users, which is the subject of intense scholarly and social debate, as well as active litigation," NetChoice writes in an amended complaint filed Wednesday with U.S. District Court Judge Nancy Brasel.

"These are contested policy judgments dressed up as factual warnings and forced into the mouths of private speakers," NetChoice adds in its complaint, which claims the law violates the First Amendment.

The Minnesota statute specifically requires social-media companies to display a "conspicuous mental health warning label" every time someone accesses the platform. The law also provides that label must remain on the site until a user either exits the platform or "acknowledges the potential for harm and chooses to proceed to the social media platform despite the risk."

The measure tasks the state health department with developing guidelines for the text of the warning labels.

NetChoice -- which represents large companies including Google, Meta and Snap -- initially sued over the law in late April.

At the time, the Department of Health had already issued four pages of potential warning labels.

One of those proposed warning labels would have read: "Warning: The app may repeatedly show similar or upsetting content, which may negatively affect your mental health. Use tools (mute, unfollow, “not interested”) to change what you see. Support is available: Call/text 988 or visit 988Lifeline.org."

Another would have said: "Having trouble stopping? Warning: Long periods of use can affect sleep and mental health. Call/text 988 or visit 988Lifeline.org."

After NetChoice sued, the health department rescinded that four-page guidance and replaced it with a single proposed label that reads: "THE STATE OF MINNESOTA REQUIRES THIS MESSAGE: Some studies have shown that too much social media use is linked to increased mental health symptoms, including anxiety and depression, as well as harm to diet, sleep, and body image. If you need help, call or text 988 or visit 988Lifeline.org."

NetChoice is now calling attention to the revision, arguing that the health department's new guidelines "make the Act’s constitutional problems worse, not better."

"Before the Act has even taken effect, the State has already issued two different sets of guidelines that would compel websites to engage in different speech," NetChoice writes, adding that the guidelines were issued without advance notice to the public.

The group adds that the new warning lacks context about key terms -- including what "studies" are referenced, and what is meant by "too much" social-media use.

Minnesota earlier this month urged Brasel to dismiss NetChoice's lawsuit, arguing that the law serves a valid state interest.

"Despite scientific consensus that excessive social media use correlates to negative health outcomes, NetChoice’s members have actively rejected any such correlation, repeatedly insisting there is nothing to see and burying data demonstrating otherwise," Attorney General Keith Ellison argued. "An average Minnesotan could easily be misled -- by these statements and others to believe that social media use poses no risk to their well-being."

Unless blocked the law will take effect July 1.