Proposed child online safety legislation poses a grave threat to our most fundamental rights, and above all, free speech. However well-intentioned, such proposals are in clear violation of the First Amendment and promise to cast unprecedented chilling effects on all online discourse. As important as it is to protect children online, we’re not allowed to violate the Constitution to do so, and for child online safety proposals to succeed, they must successfully navigate around this hurdle. Sadly, existing proposals crash into our Constitutional rights head on.
The First Amendment is abundantly and explicitly clear on this point: “Congress shall make no law . . . “abridging the freedom of speech, or of the press. . .” This includes online discourse and extends to both individual users, including those under the age of 18, and the platforms which host online content. These groups have first amendment rights—namely to access and engage with speech online, and to choose which content to host on their platforms, no different from the editorial discretion protected as part of freedom of the press.
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