Tech industry lobbying group NetChoice told Minnesota lawmakers that the bill is “well-intentioned” but “undermines parental choice, removes the access to beneficial technologies from young people, and is a clear violation of the First Amendment.” NetChoice members include Facebook, Google, TikTok, Twitter, and other tech companies.
NetChoice argued that the First Amendment case against the bill is strong, writing:
In Sorrell v. IMS, the Supreme Court ruled that information is speech and that a Vermont law could not prohibit the creation and dissemination of information including the selling of data to a database. Even more relevant here, multiple court cases have held that the distribution of speech, including by algorithms such as those used by search engines, are protected by the First Amendment. This proposal would result in the government restraining the distribution of speech by platforms and Minnesotans access to information. Thus, HF 3724 will be deemed by courts as a violation of the First Amendment.