Jared M. Trujillo is an Associate Professor at City University of NY School of Law. Courtesy photo The Kids Online Safety Act Threatens Free Speech and Opens the Door to Political Weaponization
The majority in Brown v. EMA held that government does not have "a free-floating power to restrict the ideas to which children may be exposed." Yet the Kids Online Safety Act aims to do just that, threatening the vital resources and affirming online communities that support LGBTQ+ youth, a CUNY Law associate professor writes.
November 04, 2024 at 08:26 PM
6 minute read
Oct. 21 through 27 was Free Speech Week and, as Equality New York's Amanda Babine and I wrote for the occasion in Gay City News, it's crucial to recognize the looming threat to free speech and expression posed by the Kids Online Safety Act (KOSA), which passed the U.S. Senate this summer.
On its face, KOSA is designed to create safer digital spaces for minors by requiring online platforms to reduce exposure to harmful content. Yet, by mandating a vaguely defined "duty of care" to shield minors from certain harms, KOSA not only fails to protect youth but threatens to curtail the vital resources and freedoms they rely on, particularly LGBTQ+ youth and other marginalized groups. The duty of care mandate would prompt widespread censorship of constitutionally protected speech, encroaching upon First Amendment rights and giving anti-LGBTQ+ politicians a dangerous new tool to create an environment hostile to those seeking supportive, affirming resources online.
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