Parkview Senior Fellow Jon Decker authored this letter voicing concern with AR SB 612.
Dear Senator,
I am writing to express my unequivocal opposition to Senate Bill 612 and to urge you to reject this deeply flawed legislation. While I understand its intent in seeking to protect minors online, this bill represents troubling government overreach that will carry severe negative consequences for innovation, free speech, and the utilization of taxpayer resources in Arkansas.
My primary concern lies with the unprecedentedly broad private right of action created by this bill, which holds America’s tech sector liable for a nebulous range of “harms” allegedly caused by their platform’s design, algorithms, or features. This vague language will inevitably subject these companies, many of which are at the forefront of global innovation, to a tidal wave of frivolous lawsuits. This bill is a giveaway to trial lawyers while putting a target on the back of every technology platform operating in Arkansas, opening them up to potentially ruinous legal liability for an ill-defined set of grievances.
This legislation is not a genuine effort to protect children; rather, it is a giveaway to the plaintiffs bar who will undoubtedly seize upon this broad language to clog our courts with endless litigation — at the cost of Arkansas’ taxpayer resources. The potential for “harm” as defined in this bill is incredibly broad and subjective. The provision regarding suicide or attempted suicide, while understandably aiming to address a serious issue, is particularly problematic due to the difficulty in establishing a direct causal link and the potential for misuse. Defending against the numerous alleged harms, including something as simple as compulsive usage – which parents address similarly to how they manage their children’s television time, video game choices, or food intake – will be astronomically expensive, ultimately harming consumers and potentially leading companies to reduce services or even leave the Arkansas market entirely.
Furthermore, SB 612 undermines the fundamental responsibility of parents to guide and supervise their children’s online activities. Instead of empowering parents with tools, resources, and greater education on how to use the monitoring options already in existence, this bill seeks to shift the onus entirely onto social media platforms, creating a dangerous precedent that absolves parents of their responsibility and discretion to raise their children while accounting for their own child’s maturity and needs.
Beyond the practical and economic concerns, this bill constitutes a clear violation of the First Amendment. Social media platforms, in their function of disseminating information and facilitating communication, are unequivocally a form of media. By granting a private right of action based on the “design, algorithm, or feature” that “causes harm,” the state is effectively attempting to regulate and control the very mechanisms by which speech is organized and presented online. This is akin to capping speech by capping the algorithmic feeds that users see. This level of content-based restriction triggers the highest level of constitutional scrutiny, and it is highly unlikely that this bill would withstand such a challenge based on recent court cases in states including Utah.
In conclusion, Senate Bill 612 is a misguided and dangerous piece of legislation. It is textbook government overreach — and it happens to affect a critical sector of the U.S. economy that we depend on for global leadership. It will stifle innovation, enrich trial lawyers at the expense of taxpayer resources, erode parental responsibility, and infringe upon the fundamental right to free speech. I urge you to consider the far-reaching negative consequences of this bill and oppose its passage.
Thank you for your time and consideration of this critical matter.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute
