Lawmakers, policy groups react to social media warning suit

By Elyse Apel
The Center Square

Bill sponsors and public interest groups have been quick to respond to a lawsuit filed last week against Colorado, challenging a new law that would require social media platforms to regularly send pop-up notifications to minors using their sites.

The lawsuit, which was filed by internet trade group NetChoice, was exclusively reported on by The Center Square.

NetChoice, which represents some of the major social media companies such as X, YouTube and Meta, argued the bill is a government attack on free speech and is asking the U.S. District Court for the District of Colorado to declare the bill unlawful.

The bill in question, House Bill 24-1136, was first passed in 2024 and is set to take effect Jan. 1, 2026.

Designed to encourage “healthier social media use” in Colorado’s youth, the bill received bipartisan support in the legislature.

“Parents cannot tackle these challenges on our own, and that’s why this law is so important,” said bill sponsor and state House Minority Leader Rose Pugliese, R-Colorado Springs. “This is a common-sense, family-focused law that provides young people and their parents with the knowledge and support they need to make informed decisions about safe social media usage.”

In addition to requiring the Colorado Department of Education to maintain educational materials on the health effects of social media, it would also require social media platforms to display a pop-up notification every 30 minutes to any user:

• Who is under 18.

• Has been on the platform for one cumulative hour during a 24-hour period.

• Is on the platform between 10 p.m. and 6 a.m.

NetChoice does not believe the government should have the ability to force private businesses to speak and is confident the bill will be struck down in court.

Healthier Colorado was a lead champion for this bill during its passage. The Center Square spoke with its CEO, Jake Williams, to get his reaction to the lawsuit.

“What is clear is that these social media companies want unfettered access to our kids’ brains,” Williams said. “The reality is that the harms and risks associated with social media are now well documented … and just as we wouldn’t leave it to the tobacco industry to look out for the well being of our kids … we also cannot simply rely on the social media companies by themselves to protect our kids.”

He said advocates for the bill are hopeful the lawsuit will be thrown out.

“There are all sorts of risks associated with social media use by use,” Williams said. “When an adolescent uses social media more than three hours per day, their risk of poor mental health outcomes such as depression and anxiety is doubled. So the jury is very much in, and we as a society need to do something about it.”

On the other hand, NetChoice argued parents should be the ones receiving controlling social media usage, not the government mandating private companies do so.

“Rather than compelling covered websites to display warning notifications, the Colorado government could have provided more information and education to parents about the same information,” the lawsuit stated. “Parents have a wealth of choices to help oversee their minor children online.”

Yet public opinion is very consistent on social media for minors.

In a recent poll commissioned by Healthier Colorado, 90% of Colorado voters said social media had a “negative impact on the mental health of youth in Colorado.” When provided with a description of HB24-1136, 69% of Colorado voters indicated they supported this new law.

“Everybody recognizes that social media is a problem for kids,” Williams said. “Ninety percent agreement on a poll is remarkable.”

Supporters of the bill have labeled social media a public health crisis for America’s youth.

“Coloradans recognize that social media presents a growing public health problem for our youth, and they want their leaders to take action,” said state Sen. Judy Amabile, D-Boulder. “Similar to the warnings we already place on many other consumer products, it’s time we help teens make informed choices by providing them with the evidence-based information as well as the support and guidance they deserve to use social media safely.”