Viewpoint-Based Censorship of HB 1116 Violates First Amendment; ACLU Comments

With a 7-5 vote, the House State Affairs Committee advanced House Bill 1116, legislation that would prohibit video streaming services from airing certain advertising during children’s programming. This viewpoint-based censorship of protected speech violates the First Amendment. The ACLU of South Dakota opposes House Bill 1116.

“The ACLU opposes broad government restrictions on digital content, including limitations on advertising during children’s programming. Everyone, including children, has a right to access information free from government censorship,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “Parents already have tools to control what their kids see. This bill overrides family decisions while arbitrarily singling out streaming services and letting the same ads run on broadcast TV.”

Additionally, the language of the bill is vague and overbroad and because of that will chill lawful speech. Terms like “discusses” and “contains imagery related to” are undefined in the bill’s text, forcing platforms to over-censor to avoid penalties – including educational or public-health messaging.

"Protecting children is an important goal, but it must be pursued in ways that respect the First Amendment, parental rights and long-standing principles of free expression,” Chapman said. “This bill does not meet that standard and should be rejected.”

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About the ACLU of South Dakota

The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.