Jon Decker, a senior fellow at the Parkview Institute, sent this letter to legislators in Nebraska, advocating for economic freedom in the Cornhusker State.
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Dear Senator,
My name is Jon Decker, and I am a senior fellow at the Parkview Institute, an organization dedicated to supporting economic freedom.
I am writing today to express my concern and opposition to LB 504, currently pending before the legislature.
While the intent of this bill, to protect minors from harmful online content, is laudable, the proposed legislation poses inescapable constitutional concerns due to its unintended restrictions on free speech. This legislation gives extremely broad authority to the state attorney general to enact civil penalties over vague allegations ranging from emotional distress to psychological harm and discrimination. These plainly ambiguous definitions are an invitation for the government to act as speech police and block access to content as arbitrarily deemed fit.
In recent years, we have witnessed disturbing examples of the government suppressing legal speech on social media platforms. It does not take a vivid imagination to see how this legislation will be abused both by government censors and trial lawyers looking for a quick score at the expense of America’s innovative technology sector. It does not serve Nebraskans to have its government enforce speech codes that will inevitably reduce access to legal speech.
LB 504 also contains a host of provisions that will do little to keep children safe online but will prove incredibly costly for our economy. This includes mandating annual reports from independent third-party auditors, banning algorithms from even permitting child-centric advertising for kids (similar to the Disney Channel or Nickelodeon television ads of the past, which, like the advertisements of today, pay for ‘free’ content), and forcing companies to take on additional staffing in compliance officers.
Some justify these enforcement actions by stating that social media platforms are ‘addictive.’ It should surprise no one that social media companies want users to spend time engaging on their platforms, but ultimately, it is up to Nebraska’s parents to draw the line on online behavior they deem compulsive, just as they would when it comes to watching television, playing video games, or eating junk food. This bill punts parental responsibility over to the government at the expense of basic liberties—and at great economic cost.
I appreciate your time and consideration of my opposition to LB 504. Please do not hesitate to contact me if you have any questions.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute