Compelling Platforms to Convey State-Sponsored Speech: First Amendment Lessons from Colorado

A federal court recently blocked Colorado from enforcing part of a new law that compels social media platforms “to provide non-commercial disclosures to minors about the alleged health impacts of using their platforms.” In issuing a preliminary injunction in NetChoice v. Weiser , Senior US District Judge William Martinez concluded the measure would likely fail the rigorous strict scrutiny standard of review because it wasn’t narrowly tailored to serve minors. He determined that NetChoice was “substantially likely to succeed on the merits” of its complaint .

NetChoice’s triumph pivots on the First Amendment right not to speak —a right not to be forced by the government to voice contested, controversial, or disagreeable views or information. The US Supreme Court has observed that “some of th