Senate Judiciary Committee - 2025.2.19_Judiciary Hearings to examine children's safety in the digital era, focusing on strengthening protections and addressing legal gaps
-- The gavel over. To senator Blackburn. Sen. Blumenthal: Thank you, chair Blackburn. Your strength makes an enormous difference. I know how strongly you supported the kids online safety act and I know you are deeply -- I am deeply grateful to you for your support and your activism, going to Louisiana, for example, so you could talk to present a disk police and representative speaker Johnson on behalf of that bill. You did an article that I would like to have entered into the record, if there is no objection. And there seems to be none. When you went to see
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representative Scully's -- rep. Santos: Gleason representative Johnson, were you given an opportunity to talk -- when you went to see representatives Scalise and Johnson, were you able to talk with them? Mr. Guffey: No, we met with staff, but even at the hill, we were unable to meet with representatives. Sen. Blumenthal: Would you like to meet with them? We will arrange it, hoping they will support the bill this time. Mr. Guffey: I 1000% agree. Sen. Blumenthal: Why don't you tell us as a parent, but also as a -- as an advocate and the author of that article, why you think some of the arguments made against Kosa based on a supposed free-speech thesis are incorrect ? Mr. Guffey: I believe it is all
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follow the money. If you look at big tech and their lobby and look at the narratives that get put out there, and look at the representatives that fight against it, and you follow the money of where it ends up, I believe that as an elected official -- I see it myself. You are often worried about what this will look like. That is one of the reasons why whenever I was presenting it I used the phrase we have too many politicians worried about their next election, instead of leaders worried about the next generation. I believe it is a false narrative put out there. The argument has been had over and over. People will turn around and share a false narrative. Sen. Blumenthal: I think the United States has recognized this narrative through a strong bipartisan vote here. I am hoping we will have the same support again. I think senator Blackburn, who has been such a steadfast partner in this effort.
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I would like to turn to professor Leary. I think I misattributed the article to representative Guffey. Maybe you can expand on his response on that free-speech false narrative. Ms. Graw Leary: Sure, thank you, senator. The first thing about free speech is -- first, as you know, I believe the article you are referring to, the op-ed myself and other scholars wrote this piece. It really dispelled these arguments about Kosa and that we see again. If you look back in history, it is interesting to look at some of what tech has said over the years. I can go back to 2014. They were making this argument. We can go back to 1996. They told us the communications decency act was going to ruin free-speech. Then they said it about the save act. Then they said it about sus to foster -- sesta/fosta.
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The first amendment is designed to inform us on how to handle sticky issues. It is not a reason to not engage in legislation. It is being used in that manner. There is a distinction between speech and conduct. And specifically with Kosa, Kosa addressed conduct, not content. The speech argument was particularly misplaced with regard to that piece of legislation. Sen. Blumenthal: Thank you. In fact, Kosa's conduct involved in product design. There is no more limitation on free speech than there would be if and when, because it does, the federal government regulates the safety of the design of an automobile, or a toaster, or a washing machine. If they explode, there is liability. It is not free-speech to design
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an effective and harmful product. It is conduct. There is no censorship, no blocking of content.
Senate Judiciary Committee - 2025.2.19_Judiciary Hearings to examine children's safety in the digital era, focusing on strengthening protections and addressing legal gaps
Hearings to examine children's safety in the digital era, focusing on strengthening protections and addressing legal gaps.