TPA Opposes the Re-introduction of the Kids Online Safety Act

WASHINGTON, D.C. – Today, Sens. Marsha Blackburn (R-Tenn.), Richard Blumenthal (D-Conn.), John Thune (R-S.D.), and Chuck Schumer (D-N.Y.) re-introduced the Kids Online Safety Act (KOSA) in the Senate. This legislation would require social media platforms to suppress online content deemed harmful to children. Since it was first introduced in 2022, and regardless of the changes made, the bill has conceptually stood in firm opposition to the First Amendment and is likely to make the online experience worse for children and adults.

In response, David Williams, TPA President offered the following comment:

“The re-introduction of KOSA is bad news for online safety and free speech advocates alike. Though well-intentioned, this bill would greatly diminish the right to free expression and association. Further, its implementation would fail to achieve its stated goal of protecting children online. “KOSA’s fundamental flaw rests in its ‘duty of care’ mandate. This bill sets up an overly broad duty of care standard that micromanages platform’s design decisions and curtails online speech. The bill holds them liable for implementing “design features,” such as algorithmic distribution of content, that could contribute to an overly broad and subjective list of potential harms to children. Such a broad and ill-defined mandate will inevitably translate into giving government officials the power to determine that a platform’s design choice has “contributed” to a children’s harm. It would then force social media platforms to change its design at that these officials whims, under the threat of legal liability and significant fines. In essence, KOSA gives the government a free hand to censor speech online, so long as it meets a nebulous standard of ‘harm’.

“The current version, reflecting changes negotiated in December 2024, does not substantially address KOSA’s inherent flaws. The sponsors claim it passes First Amendment scrutiny by being content neutral, but retained provisions directing the Secretary of Commerce and the Federal Trade Commission to conduct a study about the feasibility of platform-level age verification. This highlights the bill’s ultimate intent to introduce an age verification mandate, which has been consistently proven unconstitutional by the Supreme Court and other state-level courts. It is yet another example of KOSA’s disregard for the First Amendment.

“There is a reason why KOSA has faced consistent pushback and has failed to garner support for passage, despite significant pressure from its sponsors. The bill is deeply flawed. It does little to help children’s safety, while also trampling on fundamental rights of all Americans, regardless of their age. It is for these reasons, among so many others, that TPA opposes this bill and urges Congress to vote against it.”