LINCOLN — A bill mandating age verification for social media account creation in Nebraska has passed its second reading in the state legislature by an overwhelming vote of 38-2.
Introduced by freshman Republican State Senator Tanya Storer of the Whitman district and designated as a priority bill by Governor Jim Pillen, the legislation would prohibit Nebraska residents from creating social media accounts without first undergoing an age verification process, starting next year.
While Democratic-leaning lawmakers have labeled the bill as government overreach and likely to face legal challenges, supporters argue that it will help address the youth mental health crisis.
During two days of debate this week, Sen. Storer argued that her bill, LB383, differs from a similar Arkansas law that was struck down as unconstitutional by a federal judge earlier this month. She explained that her Nebraska bill is more akin to laws currently in effect in Tennessee and Florida.
"I will not wait," stated Sen. Storer emphatically. "I cannot simply stand by and watch more children suffer from suicide, depression, and anxiety."
The legislature also debated similar bills this week aimed at restricting social media use, raising the same First Amendment concerns. These bills would mandate that social media companies provide parents with the ability to view all posts and messages of their minor children, manage privacy settings, and limit platform usage.
"Fundamentally, my biggest concern with these bills is that they risk making it harder for people to exercise their First Amendment rights," said State Senator John Cavanaugh of the Omaha district. "I am deeply concerned about requiring adults to prove their age to access the internet or social media sites."
Sen. Storer cited former U.S. Surgeon General Vivek Murthy's 2023 public warning about the risks of social media for young people, emphasizing the urgency of addressing youth mental health issues.
"I am confident that the privacy rights of minors concerning parental supervision are not being violated," Sen. Storer asserted. "Frankly, the impact of social media on youth mental health and safety is no longer debatable. The facts are clear, and the evidence is evident."
On the first day of debate, State Senator Megan Hunt of the Omaha district pointed out that if lawmakers are "going to invoke dead children to strip rights and chill free speech and increase government intervention" by passing sweeping legislation, they should also show the same concern for queer and transgender youth. This was a veiled reference to a bill, LB89, introduced by State Senator Kathleen Kauth of the Omaha district, which seeks to define "male" and "female" in state law, potentially restricting transgender student athletes' participation and bathroom access based on their sex assigned at birth.
"There are people who have died in Nebraska in the two years since Senator Kauth's bill passed," Sen. Hunt stated.
Kauth's "Let Them Grow Act," enacted in 2023, banned certain gender-affirming care for transgender minors. Hunt was absent for Friday's vote.
The bill would be enforced by the Nebraska Attorney General, who could impose fines of up to $2,500 per violation.
Key Contextual Information:
First Amendment (U.S. Constitution): This amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forms the basis of arguments against laws restricting social media use, citing freedom of speech.
Arkansas Social Media Law Ruling: A similar age verification law passed in Arkansas was deemed unconstitutional by a federal judge, who argued it infringed on individuals' freedom of speech and was overly broad. Sen. Storer differentiates her bill, pointing to similarities with laws in Tennessee and Florida.
Youth Mental Health Crisis: There is growing concern in the U.S. about the mental health of adolescents, including rising rates of depression, anxiety, and suicidal ideation. Excessive social media use is often cited as a contributing factor, leading to calls for regulation.
Parental Rights: The bill aims to enhance parental oversight and control over their minor children's social media activity. While supported by those advocating for child protection, it raises concerns about minors' privacy and freedom of expression.
LGBTQ+ Youth Legislation: Sen. Hunt's reference to LB89 highlights ongoing legislative debates concerning the rights of queer and transgender youth in Nebraska. LB89, defining "male" and "female" in state law, has been criticized for potentially limiting the rights of transgender individuals.
Bill Enforcement and Penalties: If the bill becomes law, social media platforms would be required to implement age verification systems and comply with parental requests for consent withdrawal and account deletion. Failure to do so could result in penalties enforced by the Attorney General, with fines up to $2,500 per violation.
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