Parkview Senior Fellow Jon Decker authored this letter voicing concern with AR SB 611.
Dear Senator,
I am writing to express my strong opposition to Senate Bill 611, particularly as it introduces substantial constitutional challenges and practical concerns.
The bill’s proposed restrictions on “addictive feed[s]” as well as its ban on targeted advertising to minors (akin to the Nickelodeon or Disney Channel ads of the past) raise serious First Amendment issues.
Courts have demonstrated opposition to content or media blocking, as evidenced by a recent lawsuit in Utah, where restrictions on similar features were challenged. The court found that such laws impose “content-based restrictions on social media companies’ speech.” Further, it acknowledged that minors still have First Amendment rights; taken together, this triggers a high level of constitutional scrutiny. At the end of the day, social media is still “media.” What SB 611 is calling for is akin to a cap on speech and the regulation of content delivery. Furthermore, by imposing such blanket restrictions, this bill also undermines parental discretion. Parents should have the ability to assess their children’s maturity and needs and make informed decisions about their online activities.
This legislation also suffers from significant vagueness. For instance, the definition of an “addictive feed” as an internet-based service where content is “recommended, selected, or prioritized for display based, in whole or in part, on information provided by the user…” could be interpreted very broadly. This overly broad framing would encompass a wide range of features, leading to unclear enforcement standards. Companies will have an exceedingly difficult time complying even with the best of intentions.
Lastly, the patchwork framework for regulating social media, as proposed by SB 611, is simply unworkable. If each state enacts distinct regulations — where algorithmic features and functionalities in one state must be entirely different than in another — it would create an insurmountable barrier to entry for smaller companies, stifling competition and innovation in the social media market. A more uniform approach is necessary to ensure consistent and effective regulation across state lines.
In summary, I urge you to reject Senate Bill 611. Its proposed cap on free, legal speech raises significant constitutional concerns, the bill’s vagueness creates compliance challenges, and its patchwork regulatory approach is impractical.
Thank you for your attention to this matter. Please feel free to contact me if you have any questions.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute
