In response to today’s Senate Commerce Committee markup of S. 278, the Kids Off Social Media Act (KOSMA), the Consumer Choice Center (CCC) issued the following statement from Stephen Kent, Media Director at the CCC.

The Kids Off Social Media Act (KOSMA) isn’t just an overreach—it’s a direct assault on free expression and consumer privacy. A government-mandated social media ban for users under 13 is a blatant First Amendment violation, preventing minors from accessing even platforms where algorithms are used to curate age-appropriate experiences. The Supreme Court has already affirmed that minors have constitutional rights to information, as clarified in Brown v. Entertainment Merchants Association (2011)—but KOSMA ignores that precedent entirely.

This bill also goes beyond banning young users—it restricts content recommendations for anyone under 17, forcing these users into chronological content feeds that don’t take into consideration their unique interests, background or demonstrated preferences. Sponsors of the bill point out that algorithms can systematically serve consumers harmful content, but appear unwilling to acknowledge that the opposite is also true. KOSMA’s approach doesn’t solve safety concerns; it just limits access to information and ties the hands of tech innovators to make customized experiences for consumers of different ages. Worse still, KOSMA pressures platforms into age verification measures that endanger user privacy. While the bill claims verification isn’t required, there’s no other way to comply—meaning platforms will be forced to collect sensitive personal data, exposing all users to potential breaches and government surveillance.

And where does this slippery slope end? If Washington can ban social media for kids today, what’s next? Restrictions on news sites, video streaming, or online gaming? Lawmakers should focus on real solutions—strengthening privacy protections and teaching digital literacy—rather than embracing censorship and surveillance. Protecting kids online should never come at the cost of their rights, but that’s exactly what KOSMA does.

The Consumer Choice Center is an independent, nonpartisan consumer advocacy group championing the benefits of freedom of choice, innovation, and abundance in everyday life for consumers in over 100 countries. We closely monitor regulatory trends in Washington, Brussels, Ottawa, Brasilia, London, and Geneva. Find out more at www.consumerchoicecenter.org.