Bill faces a legal minefield for potential First Amendment violations
On Thursday, New York Governor Kathy Hochul will sign the SAFE For Kids Act (S7694/A8148), digital legislation that bans the use of algorithms to curate teen social media feeds. During its consideration, Chamber of Progress raised concerns that the bill would restrict teen access to valuable online resources and safe, inclusive community spaces. By limiting teen access to speech and by interfering with platforms’ content curation, the bill also faces a likely constitutional challenge.
“The bill dictates what speech platforms can and cannot show users, so it’s going to face a constitutional minefield,” said Chamber of Progress CEO Adam Kovacevich. “It’s a well-intentioned effort, but it’s aimed at the wrong target. Algorithmic curation makes teenagers’ feeds healthier, and banning algorithms is going to make social media worse for teens.”
Jess Miers, Senior Counsel at Chamber of Progress, published a recent analysis explaining how the latest version of the bill is unlikely to survive a constitutional challenge. Read her analysis: New York’s Revised “SAFE for Kids Act” Still Faces a Legal Minefield.
A new survey conducted by Common Sense Media found teenagers overwhelmingly valued algorithmically curated feeds in their social media services. Seventy-six percent of social media users aged 14 to 22 used tools to control content they did not want to see in their feeds. Chamber of Progress wrote to Governor Hochul highlighting that the legislation would eliminate teenagers’ ability to curate their feeds to reflect the communities and content they best identify with.
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