KOSA only leads to silencing free speech
KOSA supporters will tell you that they have no desire to regulate content. But the requirement that platforms mitigate undefined harms belies the bill’s effect to regulate online content. Imposing a “duty of care” on online platforms to mitigate harms associated with mental health can only lead to one outcome: The silencing of constitutionally protected speech.
The bill empowers the Federal Trade Commission to enforce the duty of care requirement to prevent mental health disorders, yet KOSA does not explicitly define the term “mental health disorder.” Instead, it references the fifth edition of the Diagnostic and Statistical Manual of Mental Health Disorders . . . or “the most current successor edition.” That mean the scope of the bill could change overnight without any action from America’s elected representatives.