April 14, 2025 10:53 AM UTC

SB25-086: Why This Bill Scares Me As a Mom: Free Speech, Policing Tech, and the Impact on My Kids’ Future

• 3 Comments
• by: Hazel Gibson

Hi there. I’m a mom of two amazing kids. Like any parent, I worry about what they see online, who they’re talking to, and how technology is shaping their world. So, when I first heard about Colorado’s SB25-086—marketed as a way to “protect kids online”—I thought, great! Finally, someone’s taking steps to keep children safe.

But then I read the bill.

And now? I’m worried—more worried than I was before.

Let me tell you why.

It Sounds Good—But It Violates the First Amendment

This bill would force social media companies to monitor, report, and remove users based on “subject uses” like promoting illegal drugs or posting exploitative content. Of course, we don’t want those things online. But the bill doesn’t just stop there—it mandates platforms to act on any behavior that they decide violates their “published policies” too.

That’s where the First Amendment alarm bells start ringing.

Free speech means the government can’t force or coerce private companies into policing speech the government doesn’t like—especially vague, undefined categories of speech. SB25-086 blurs that line dangerously. It’s the state effectively telling tech companies: “Act like law enforcement. Do our surveillance for us.”

That’s not just unconstitutional—it’s un-American.

Deputizing Tech Companies = Giving Them More Power

One of the things we all agree on—left, right, or center—is that big tech has way too much power. This bill gives them even more.

SB25-086 turns these companies into extensions of law enforcement, responsible for identifying, suspending, and even banning users suspected of breaking the rules—or the law. They’re even required to hand over user data to police within 72 hours of a search warrant.

Think about that. These same platforms that already misuse our data and manipulate what we see are now tasked with policing us, too? That’s a recipe for abuse.

Instead of reining in big tech, this bill turns them into judge, jury, and digital executioner.

And Let’s Be Honest—This Will Hit Communities of Color the Hardest

History has shown us again and again: when surveillance and law enforcement powers expand, communities of color are the first to feel the impact—and the worst of it.

Whether it’s predictive policing, facial recognition software, or now, algorithmic content moderation and reporting, these systems are prone to bias. Kids of color are already over-policed in real life—now we’re expanding that dynamic into the digital world.

A teenager who posts a rap video or shares a controversial meme could be flagged, suspended, reported, and even investigated by police—all based on automated decisions or vague company rules. And once that happens? The damage is done, regardless of whether they did anything wrong.

We’re creating a system that’s more likely to silence and criminalize marginalized voices than protect them.

So What Do We Actually Need?

Yes, let’s protect our kids. I want that just as much as any lawmaker.

But let’s do it smartly:

• Invest in digital literacy education.
• Provide resources for parents and schools.
• Demand transparency and accountability from tech companies—without making them enforcers.

And most importantly, let’s not throw away our fundamental rights in the name of safety. Because once we do, our kids won’t just be inheriting a more “secure” internet—they’ll be inheriting a less free world.

From one concerned parent to another: let’s stay alert. Let’s speak up. And let’s protect what matters—our children and their future freedoms.

— A Mom Who’s Paying Attention

Hazel Gibson is the political director for ProgressNow Colorado.