LGBT Tech and Partner Organizations Filed Amicus Brief Opposing Colorado Social Media Law

This month, LGBT Tech co-led an amicus brief, filed jointly with the Center for Democracy & Technology, The Surveillance Technology Oversight Project, and The Trevor Project, opposing Colorado House Bill 24-1136, which requires social media platforms to display a warning to any user under the age of 18 who spends more than an hour on the platform in a day, or who is on the platform between 10 p.m. and 6 a.m.

The warning tells young users that youth who spend more than three hours a day on social media double their risk of anxiety and depression, and directs them to resources for setting screen time limits. The state argues that this warning  is merely a factual and uncontroversial statement that does not require strict scrutiny by the court; the brief explains why that is incorrect.

Colorado’s mandate does more than misstate the state of the research; it turns social media platforms into compelled carriers for controversial state-mandated messaging.  If the state can compel private entities to deliver its chosen message and viewpoint about a controversial subject like the effect of social media on youth mental health, it opens the door for future mandates that may target speech about issues of particular importance to the LGBTQ+ community. A legal regime that normalizes compelled warnings about controversial topics today can be repurposed tomorrow to pressure platforms into carrying government messages that stigmatize or discourage lawful content about marginalized communities.   

LGBT Tech’s own research shows that Colorado’s message is not uncontroversial.  For many youth, social media encourages social connection and helps them find others who share their identity. This matters most for LGBTQ+ youth and youth in other marginalized communities, for whom online support can be a lifeline that buffers against peer victimization and isolation. Digital spaces often provide access to communities and support systems that are not always available in their immediate physical environments. This is especially true for LGBTQ+ youth who use these platforms to explore and learn about their identities, find representation they may not have elsewhere, and access health, safety, and legal resources tailored to their needs.

LGBT Tech urges the court to reject Colorado’s attempt to compel private platforms to deliver its preferred viewpoint to young users.  Allowing the state to dictate what private entities must say about youth and mental health today creates a dangerous precedent that can be used to stigmatize or discourage lawful content about marginalized communities tomorrow.  

Full text of the amicus brief can be found here.