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The Middle Seat: Test New York’s social media warning label on the evidence, and draft the next one to survive the courts

NetChoice has sued to block New York’s social media warning label. Thomas Greer argues the court should hear the compelled-speech claim seriously, and that lawmakers should write labels that are accurate, aimed at minors where the evidence is strongest, and measurable.

Social media app icons on the screen of a smartphone lying on a wooden table

Opinion

The Middle Seat

Tech companies have asked a federal judge in Manhattan to stop New York from requiring social media warning labels, and their lawsuit deserves a hearing on the merits. On Friday, the trade group NetChoice sued New York’s attorney general, arguing that the state’s SB 4505 forces companies such as Meta, TikTok and YouTube to deliver a state-sponsored message. The law is set to take effect Jan. 1 and requires certain platforms to show a label that begins, “The Surgeon General has warned …”, according to Bloomberg Law.

The sensible response is neither to cheer the label nor to scrap it. It is to ask what the evidence supports and whether this particular label is the right way to deliver it.

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