If You Care About Free Speech, You Know the Kids Online Safety Act Should Never Become Law
COMMENTARY
Elon Musk now supports a constitutionally dubious bill he helped rewrite, but House Speaker Mike Johnson, R-La., showcasing his dedication to free speech, isn’t so easily swayed. Instead, he’s advocating for additional scrutiny of the Kids Online Safety Act.
Thankfully, only one of these two men actually gets to decide which bills advance in Congress.
The deceptively named KOSA has returned to the headlines thanks to the bill’s sponsors enlisting Musk and Donald Trump Jr. as collaborators. Long marketed to protect kids online, the latest draft clarifies nothing and continues to undermine free expression, privacy and access to vital resources for millions of Americans. Neither political party promised this level of surveillance to their voters.
Despite claims that the bill has been improved, KOSA still empowers the government to decide what protected speech qualifies as “harmful to minors,” an incredibly vague concept that opens the floodgates to censorship.
The latest version includes a strange new clause stating it cannot focus on perspectives in a way that could violate the First Amendment. But let’s be real — if you need to reassure people that your law won’t trample fundamental civil rights like free speech and expression, the problem isn’t solved. It’s just better disguised.
In its current and previous iterations, the bill would force social media companies to fear politically appointed content moderators and avoid costly penalties.
Anything remotely controversial — especially LGBTQIA+ topics, reproductive health care information and other resources essential for marginalized groups — could vanish overnight.
Right-wing organizations like the Heritage Foundation have openly said they’d support policymakers who use KOSA to target content their benefactors oppose. Even some anti-abortion organizations worry their point of view will be swept behind the “somebody please think of the children” black bar of censorship.
LGBTQIA+ youth will become collateral damage. This may be news to those who haven’t had to hide or learn more about their identities outside of their homes, but many young people overwhelmingly rely on digital spaces to connect with their peers and find support.
New data from LGBT Tech and the Center for New Liberalism highlights why young people are alarmed by KOSA. Only 38% of LGBTQIA+ youth trust the government to create fair online safety laws, and 77% fear KOSA’s “harmful to minors” provision will lead to over-moderation. Even more troubling, 78% worry the bill could cut off access to critical resources like LGBTQIA+ support networks and reproductive health information — the digital spaces teens depend on.
These spaces are often lifesaving. LGBTQIA+ youth who have access to affirming online communities are significantly less likely to attempt suicide. If KOSA becomes law, this support could disappear overnight, not because it’s harmful but because political ideology would become the norm in enforcing the law.
In the wake of the mayhem caused by the overturning of Roe, the internet is more essential than ever in accessing reproductive health care. KOSA’s mandates could block access to this information, giving states hostile to abortion rights another dangerous tool.
The vagueness in KOSA doesn’t just invite abuse — it guarantees it.
Sen. Marsha Blackburn, R-Tenn., can argue all she wants that this bill regulates platform design, not content, but when the “product” in question delivers protected speech, the First Amendment will be there loudly shouting “No” to her Orwellian regulatory framework. The senator’s own statements about LGBTQIA+ voices make it clear that suppressing certain perspectives is very much part of the agenda.
KOSA’s constitutional quagmire isn’t the way forward. There are better options. Addressing cyberbullying, stopping child exploitation and improving parental controls are all real solutions that don’t jeopardize fundamental rights. KOSA’s overly broad approach doesn’t just miss the mark — it actively creates new problems for everyone who uses the internet.
Congress doesn’t need to pass flawed legislation to prove it cares about children.
And it certainly doesn’t need to rely on Musk or Don Jr. for guidance on window dressing language to protect fundamental rights.
It needs thoughtful, effective solutions that address real dangers without sacrificing free speech, privacy or access to critical resources.
Lawmakers should reject KOSA in its current form and engage with America’s youth, parents, civil liberties experts, child safety advocates and impacted communities to get it right.
Protecting kids online doesn’t mean censoring the internet or shutting down support systems. It means passing laws that deliver for everyday Americans.
Colin Mortimer is co-founder and director at the Center for New Liberalism, a policy advocacy organization working towards progressive, market-based solutions to economic and social challenges. He writes frequently on issues of technology, liberalism and public policy. He can be found on X.
