ALBANY, N.Y. -- New York's new law requiring parental consent in order for minors to have access to predictive algorithms that tailor their content on social media platforms was one of Gov. Kathy Hochul's top priorities this year.
Supporters argue the algorithms are addictive, exploitative and damage children's mental health. Hochul signed the bill last week, however, George Mason Law School professor Carl Szabo said it's flawed legislation.
"This law is bad on the legal front, the constitutional front but it's also bad on the policy front," Szabo said.
He is also vice president and general counsel for NetChoice, an internet industry group that said it advocates for free enterprise and expression on the web. Its members include companies like Amazon, Meta, Alphabet, Etsy and Pinterest.
"NetChoice is the lead plaintiff in five or six different states across the country on very similar issues and we do this because it's not an issue of we're trying to stand up for the tech industry. We're trying to stand up for free expression," Szabo said.
The attorney said across the country, judges are shooting down laws restricting kids' access to social media on a constitutional basis.
"When it comes to the First Amendment, there is no age restriction. The Supreme Court has said time and time again that regardless of age, you have the right to speak and you have the right to see and hear and listen," Szabo said.
NetChoice said it's speaking with attorneys and watching New York's new law closely, including whether other potential aggrieved parties will pursue litigation and what the final rules will be. The law takes effect 180 days after the attorney general's office sets rules on how it will implement and enforce its measures.
"Once we see it, I don't even know how an attorney general enforces such and unconstitutional law and that's where it's going to collide directly with the courts and at the end of the day an unconstitutional law will protect zero children," Szabo said.
The attorney general's office pointed out the law does not ban any social media or restrict specific information. Rather, it can restrict the algorithm that delivers it on social media platforms.
It also said it examined bills from other states that have been challenged to ensure it passes constitutional muster.