TV: DeSantis will review social media ban for minors after staff raises First Amendment concerns

Shoshana Weissman is a social media policy expert with nonpartisan think tank “R Street Institute.”

She notes that courts have said states can restrict content if it protects the “physical and psychological well-being” of a minor.

However, she says this proposal is a broad ban. The proposal doesn’t mention a specific platform but states it targets social media sites that have “addictive features”– like infinite scrolling, push notifications and videos that play without the user clicking on a play button.

“If you’re restricting their access really narrowly and are only to harmful content that could possibly work. But this is everything most speech on social media is First Amendment protected,” Weissman said, speaking about how the proposed ban is unconstitutional.

Also, the courts have upheld that any restrictions must be “content-neutral.”

States can’t pick and choose what content or platforms are restricted.

Weissman says this proposal is the opposite of content neutrality.

“So okay, you know, we’re not going to worry about artistic networks, like maybe Flickr, where you showcase your work. But if you showcase your work on Twitter, that doesn’t matter. You know, it’s very content-based and the Supreme Court won’t like that,” Weissman said, giving an example.

The other concern is anonymity. Weissman says everyone has the right to anonymity while using social media, but the age verification of the proposal won’t allow that.

See the original interview here.