TAYLOR MILLARD: KOSA Brings European-Style Speech Suppression Onto US Shores

Editor’s note: 💡Big Tent Ideas always aims to provide balancing perspectives on the hottest issues of the day. Below is a column from Taylor Millard, where he argues that the Kids Online Safety Act (KOSA) will allow dangerous federal overreach under the guise of protecting children’s safety. You can find a counterpoint here, where Tori Hirsch argues that KOSA is necessary and that comparisons to Europe’s regime are misplaced and overblown.

Recently, in the UK, news emerged that the author of a nasty tweet alleged to have incited racial hatred—but which read to many people as a steroid-infused version of “get stuffed”—was given a 31-month sentence for her post.

Meanwhile, a fiercely-fought presidential election played out in Romania, with the right-wing candidate losing out and accusing the French of interfering to deprive him of a victory.

According to the founder and owner of Telegram, before the election, the French government asked the app to “silence conservative voices in Romania.” Despite the French government previously having arrested him apparently over a failure to remove content it wanted gone, Telegram flatly refused to play ball, arguing that “You can’t ‘defend democracy’ by destroying democracy. You can’t ‘fight election interference’ by interfering with elections. You either have freedom of speech and fair elections — or you don’t.”

That’s a sentiment that many US conservatives share. However, some Republican lawmakers seem to be taking their cues from the Europeans where online speech is concerned. They are pushing legislation that would stifle expression that apps, not governments, should determine whether or not to host, relying entirely on their own constitutionally-guaranteed right to freedom of association.

Just last week, the Kids Online Safety Act (KOSA) was reintroduced in the US Senate. It is a main culprit where efforts to restrict speech in the name of something beneficial sounding—kids’ safety—are concerned. Given the branding, it’s not surprising that there are Republicans on the list of co-sponsors. But given its actual content, it’s pretty predictable that two big names backing KOSA this time around would be Connecticut Sen. Richard Blumenthal and Senate Minority Leader Chuck Schumer.

Former Senator and staunch conservative Rick Santorum has been on record for over a year calling out the legislation, telling Mediaite that “If passed, KOSA will also undoubtedly result in more content of the type that conservatives in states like Florida have been trying to keep away from kids making its way onto their screens.” According to Santorum, KOSA would “facilitate digital censorship of culturally conservative views.” The former Senator last year pointed to components of the legislation that created a DEI- and teachers union-influenced “disinformation board.”

Meanwhile, the House Freedom Caucus expressed “worries of censorship of anti-abortion and other conservative material.” And a close confidant of House Majority Leader Steve Scalise who opposes the bill reportedly voiced concerns last year that KOSA would “lead social media platforms to censor anti-abortion material.”

So there is much for Blumenthal and Schumer to love. But little for the right to celebrate.

KOSA is the kind of thing that might pass muster in liberté, égalité, fraternité France, with its cultural traditions, and constitutional legal framework that are distinct from ours here in the US.

It’s the kind of thing that’s easy to see a United Kingdom run by a Labour Party supermajority embracing.

But it’s not very American, and there’s a reason why : KOSA is to a large degree a pet project of European social media critics.

From the UK, we have Baroness Beeban Kidron, a literal member of the British House of Lords, who has reportedly been working closely with authors of KOSA. Kidron may well have violated the Foreign Agents Registration Act in the process, but seems unconcerned about this.

Then there is Prince Harry. Via the Aspen Institute, which publishes pro-KOSA items, he has been arguing for more social media regulation here, in his adopted country.

We also have Europe’s Center for Countering Digital Hate. CCDH’s own claims indicate the Center’s STAR framework is the basis for KOSA. Conservatives might care to note that CCDH has a history of sparring with Elon Musk, who’s  X probably wouldn’t even be KOSA-compliant (despite Musk’s apparent agreement with the general KOSA concept).

Last year, conservatives in the House of Representatives refused to allow KOSA to move because of the concerns aired about its potential implications for posts related to topics that cultural conservatives consider fair play, relevant, and deserving of attention, but which the left generally has labeled “misinformation,” “disinformation,” “intolerant,” “hateful” or otherwise “dangerous”—including to the spread of orthodox liberal thinking.

This year, the same saga may play out unless sponsors of the bill take the criticisms on board and make a serious effort to rewrite the legislation to address conservative concerns. Whether they know it or not, 340 million Americans are counting on them to do so, whereas a European think tank and a few Brits with titles better-suited to the Middle Ages are banking on the bill proceeding apace.

Taylor Millard is a writer in Alexandria, Virginia. His work has featured in the Spectator, Washington Examiner, Inside Sources and other publications.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

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