NetChoice v. Weiser (Colorado)

NetChoice sued Colorado over HB 24-1136, a law mandating that websites which host free speech display state-approved “warning” messages to deter users from using online services and to promote the government’s controversial views on social media. That’s the government compelling private companies’ speech and therefore unconstitutional.

On November 6, 2025, the U.S. District Court temporarily halted the law, noting that it likely violates the First Amendment.

It doesn’t matter whether it’s a billboard, a newspaper or a website—the government can’t force businesses to display politicians’ preferred messages. True safety measures don’t require violating the First Amendment. 

Notable quotes from the U.S. District Court’s preliminary injunction ruling:

• “Colorado may not pursue this laudable goal by compelling social media companies to speak its expressive messages.”
• “Like traditional media, a social media platform is entitled to heightened First Amendment protection where it is engaged in expressive activity.”
• “The Supreme Court has made clear that content moderation is expressive speech in and of itself.”
• “The First Amendment’s guarantee of freedom of speech makes no distinction of ‘constitutional significance’ ‘between compelled speech and compelled silence.’”
• When a state ‘compel[s] individuals to speak a particular message,’ the state ‘alter[s] the content of their speech,’ and engages in content-based regulation.”

Lawmakers genuinely interested in promoting a positive online environment for minors should focus on constitutional and effective measures. These include:

• Empowering Parents and Guardians: Publicizing parental control tools and screen time managers that digital services offer now through public education campaigns would be particularly useful to address the government’s stated goal of passing this law. Helpful examples include resources from InternetMatters.org, Meta and Google. 
• Promoting Digital Literacy: Invest in programs that teach critical thinking and safe online practices for minors.
• Enforcing Existing Laws: Vigorously enforce existing laws against harmful conduct online. The solution lies in collaboration and empowerment, not in compelling speech or unconstitutional regulation.

Read NetChoice’s initial complaint, filed August 14, 2025, here.

Questions? Contact press@netchoice.org.

Our Team

Paul Taske – Co-Director of the NetChoice Litigation Center

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