There’s something almost surreal about the idea of a phone interrupting a teenager’s late-night scrolling to say, Hey, maybe this isn’t great for your brain. That’s what Colorado’s new law is aiming for: gentle on-screen nudges when minors have been on a platform for more than an hour, or when they’re using it between 10 p.m. and 6 a.m. The warnings would have to reference research on brain development and repeat every thirty minutes. It’s the kind of thing that could become background noise — or maybe it could give someone a moment to pause. Hard to say. The provision is supposed to roll out on January 1.
But before any pop-ups appear, the law is already tied up in court. NetChoice, a group representing major social media platforms, has filed a lawsuit arguing that Colorado can’t require companies to deliver the government’s message on their own services. Their point is that social media isn’t just a product — it’s a place where communication happens, where speech happens — and the First Amendment doesn’t let the government compel speech, even in the name of public health. They note that other media industries have voluntary systems for guidance — movie ratings, for example — and that forcing platforms to present specific warnings crosses constitutional lines.
Supporters of the law say the goal is simply to help protect kids, especially given widespread concern about youth mental health. They argue that many parents want something in place to help guard against endless scrolling or disrupted sleep. Opponents respond that the science around social media’s effects is still developing — not nonexistent, but varied, with impacts that differ depending on the individual. Some researchers point to small but measurable effects; others note that social media can be a source of support, identity, creativity, or connection. So the debate becomes less about whether social media is “good” or “bad” and more about who gets to decide how platforms communicate risk — the state, the companies, or families themselves.
Similar legal battles are unfolding in other states, and courts haven’t landed on one clear answer yet. Some laws have been paused, others allowed to proceed while the challenges continue. Colorado’s case will likely turn on some very old constitutional questions — about speech, autonomy, and the limits of state power — applied to a very modern situation. And maybe that’s what makes this moment feel so unsettled: the technology is new, the stakes feel personal, and the rules are still being written.
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