DENVER — The Colorado House of Representatives failed to override Governor Jared Polis' veto of a bill aimed at regulating social media platforms.
Senate Bill 25-086 would require large social media companies to enact public policies for their platform and remove users who violate them, particularly those engaged in illegal activity. It would also establish a timeline for social media companies to comply with Colorado law enforcement warrants and require annual reporting on user policies and their enforcement.
While the bill received bipartisan support in the General Assembly, critics claimed it violated the First Amendment and worried about potential lawsuits.
Polis vetoed the legislation on Thursday just before 5 p.m., saying that while well-intentioned, the bill erodes privacy, freedom and innovation and could potentially stifle free speech.
“This law imposes sweeping requirements that social media platforms, rather than law enforcement, enforce state law,” Polis wrote in his veto letter. “It mandates a private company to investigate and impose the government’s chosen penalty of permanently deplatforming a user even if the underlying complaint is malicious and unwarranted.
Supporters had pressed Polis to sign the bill into law since it was sent to the governor's desk on April 14.
The Colorado Senate voted 29-6 to override the veto on Friday, more than the two-thirds majority (24 votes) needed.
Two-thirds of the Colorado House needed to approve the override for it to succeed. Instead, the House voted 51-13 on Monday to lay over consideration of the veto until May 9 — two days after the end of the legislative session — essentially killing the effort.
- Watch our coverage of the Colorado Senate's override vote in the video player below
House Speaker Pro Tempore Andrew Boesenecker, who sponsored SB25-086, implied that there will be an effort to bring back the bill or similar legislation next session.
"Hold parties accountable when this bill comes forward next session. Demand a solution that isn't rooted in market cap but is rooted in the safety of our communities," Boesenecker said on the House Floor Monday. "Our social media companies owe you that, our state demands that, and our children are less safe when they do not have that."
Boesenecker also spoke with Denver7 Monday night, saying ultimately there were too many hurdles for the coalition to reach the necessary two-thirds majority to override the veto.
"It's a complicated vote, then you overlay a veto override on top of that, and I think that's a complicated question for members on both sides of the aisle," he said, vowing to work hard to bridge the gap and get similar legislation passed next session.
"I think that just puts more pressure on us as an assembly to try to solve this issuem" he said of the failed override effort.
Denver7's Brandon Richard and Kristian Lopez contributed to this report.
