The online safety of Americas children has become a pressing concern for lawmakers and parents across the United States. On March 29, House Bill 925 was introduced into the Montana legislature. Supporters described HB 925 as aiming to provide greater protection for children online. However, the current bill language is poor policy; it draws inspiration from Utah legislation that was invalidated by the courts over First Amendment concerns. Instead of following a path that will inevitably lead to challenges in court and cost taxpayers’ money, Montana should consider more effective alternatives.
Bills similar to HB 925 have faced significant legal hurdles and have been struck down because they regulate speech for both children and adults, infringing upon First Amendment rights. Similar legislative efforts have been blocked across the country in Utah, Arkansas, California, Mississippi, Ohio, and Texas. Just over a week ago, a federal judge in Ohio permanently blocked a similar bill. U.S. District Judge Algenon Marbley stated, “the act as drafted fails to pass constitutional muster and is constitutionally infirm.”
While safeguarding children online is a shared goal among policymakers, parents, and tech companies alike, HB 925 risks increasing government intervention between parents and their children. This could jeopardize parental rights by creating an illusion of security without addressing the root issues effectively. Children today use numerous apps beyond social media platforms, on average teens having 40 different apps on their devices, many of which expose them to inappropriate content or allow interactions with strangers.
Parents should be empowered—not sidelined—when it comes to deciding what is appropriate for their children’s online activities. The current approach under HB 925 may inadvertently lead parents into believing their children are adequately protected when they are not.
If Montana truly seeks to protect our youth online while respecting constitutional boundaries and parental authority, it should consider taking a different approach from HB 925.
Across the country, states like Texas, Alabama, Louisiana, and South Carolina are all considering new forms of online safety that empowers parents, and they are gaining traction. Montana legislators should not pass on this opportunity to become a national leader on the important issue of child online safety. The state has one shot at this and should not rush the wrong legislative solution like HB 925.
