Christopher Marchese, counsel for NetChoice, a technology industry group, testified that the bill was unconstitutional under the First Amendment. He said it would release a flood of unintended consequences.
Lowery said he remembered a public official once telling him, ” ‘Nothing is unconstitutional until it’s challenged.’ That argument is used many times against well-intended legislation.” He said it was time for a court battle.
Marchese responded, “I do think you have to test areas where the law is ambiguous.” But this isn’t one of those, he said. Private social media companies aren’t transformed into public enterprises simply because they’re widely used, he said.