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Last-ditch pitch for social media bill may fall short

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According to Donald Trump Jr., “It’s time for House Republicans to pass the Kids Online Safety Act ASAP.”

Speaker Mike Johnson disagrees.

Johnson says he remains concerned that the Senate-passed bill, the first serious attempt by Congress to force social media companies to do more to protect kids online, “might lead to further censorship by the government of valid conservative voices” and that more negotiation was needed.

In other words, a Saturday offer from the principal GOP Senate sponsor, Tennessee’s Marsha Blackburn, to make changes to the bill, combined with endorsements from Trump Jr. and Elon Musk, haven’t yet gotten Johnson on board.

But Johnson has softened his “no” a little, saying that if an agreement weren’t possible this year, Republicans could take up the measure again in 2025. “All of us, a hundred percent of us, support the principle behind it, but you’ve got to get this one right,” he said.

Why it matters: Blackburn’s bill would create a “duty of care” requiring social media firms to change design features that addict kids and allow unwanted contact from people they don’t know.Changes she offered over the weekend would limit the regulation of platform design so it only applies to personalized features, and also limit the duty of care to only harms that are related to features that stoke compulsive usage. She also emphasized that her new version does not allow the Federal Trade Commission or any other government entity to go after protected speech, another worry House Republicans have expressed.

But despite a lobbying campaign that also includes parents, advocacy groups, Surgeon General Vivek Murthy, and attorneys general in over 35 states, Johnson hasn’t relented.

The opponents of the legislation include unusual bedfellows: Facebook parent Meta, tech lobbying group NetChoice, and conservative and liberal groups concerned about speech, including Fight for the Future, the ACLU, and Patriot Voices, an advocacy group started by former Sen. Rick Santorum (R-Pa.).

Johnson said that waiting till next year, when Republicans will have unified control of Congress and the White House, would speed negotiations. But that might effectively kill the bill.

Blackburn’s version passed the Senate as part of a two-bill package in a bipartisan 91-3 July vote.

But when the House Energy and Commerce Committee took up another version of the bill in September, the sponsor, Gus Bilirakis (R-Fla.), agreed to make changes requested by GOP leaders that proponents of the Senate bill said made it much weaker.

For example, Bilirakis changed the duty-of-care language so that it only applied to the physical health of minors. The surgeon general has found that social media poses a significant danger to kids’ mental health.

Tech industry opponents of the bill want to get rid of the duty-of-care language entirely, arguing it could force them to suppress content.

What’s next: Parents groups that support KOSA are demonstrating on Capitol Hill today, putting up a tree with presents bearing the names of children who the parents say died because of social media.

They are still hoping to convince lawmakers to attach KOSA to end-of-year spending legislation.

Jordain Carney contributed to this story.

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Congress

Texas Republican is under House Ethics investigation

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The House Ethics Committee said in a statement Monday it is investigating Rep. Lance Gooden, a four-term Texas Republican.

It’s unclear what the committee is probing, but the Office of Congressional Conduct, an independent investigative branch of the House, sent over findings regarding Gooden to the committee June 10.

The Ethics panel plans to release an update on its investigation by Nov. 9. Committee representatives declined to comment beyond the statement.

In 2021, the Campaign Legal Center filed a complaint asking for an investigation into Gooden’s apparent failure to report his stock trades in a timely manner, which is a requirement under a federal law known as the STOCK Act. The complaint was sent to the OCC.

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Congressional Black Caucus members break with Jeffries, endorse against Thanedar in Michigan House race

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A handful of members of the Congressional Black Caucus on Monday broke with Democratic Party leadership to endorse Michigan state Rep. Donavan McKinney in his bid to primary Rep. Shri Thanedar, an unusual move given that sitting members of the same party rarely endorse against each other.

Democratic Reps. Steven Horsford (Nev.), the former chair of the CBC, and Lateefah Simon (Calif.) called McKinney a “fighter.” Rep. Ilhan Omar (Mich.) praised McKinney as “the only trusted candidate” in the race. And Rep. Ayanna Pressley (Mass.) touted McKinney for “never [losing] sight of the people.”

“We need Donavan in Congress,” said Pressley.

The race between McKinney and Thanedar, who was elected in 2022, is the latest battleground in the ongoing ideological clash between the Democratic establishment and its progressive flank.

McKinney is hoping to capitalize on the latest wave of progressive successes in primaries, but Thanedar retains the power of the incumbency — and the backing of House Democratic leaders Hakeem Jeffries, Katherine Clark and Pete Aguilar.

Thanedar’s 2022 election marked the first time since 1955 that the majority-Black city of Detroit didn’t have a Black lawmaker representing it in Congress. And he won two years ago only after Adam Hollier, who was viewed as his most credible primary challenger, was disqualified from the ballot.

“It’s not just about having Black representation, but that is a part of what appropriate representation looks for,” Rep. Summer Lee (D-Pa.), who had previously backed McKinney, told Blue Light News. “You have a majority-Black district, and I think that there is certainly an appetite to see that again, or to at least make sure that a Black candidate has the opportunity to present themselves.”

In a phone call, Thanedar emphasized that he has worked closely with members of the CBC during his time in office, noting that the late Rep. Sheila Jackson Lee (D-Texas) was a mentor of his and, in addition to Jeffries, he has the endorsement CBC members like Rep. Bennie Thomspon (D-Miss.).

“I am fully aware that I am representing the Blackest city in America and I’m proud of it,” Thanedar, who is Indian-American, said. “My story is like Detroit’s story — I struggled through poverty, never say die, never gave up and I have that resilience that Detroit has. The resilience of Detroit is what my life is about.”

McKinney on Monday said he was “honored” by the endorsements.

“Millions of lives across the country have been made immeasurably better because of the hard work these members have done in Congress, and I look forward to working alongside these incredible leaders to pass critical legislation to protect voting rights, get big money out of our politics, and ensure all families have access to the resources they need to not just survive, but to truly thrive,” he said in a statement.

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Fetterman says Democrats were ‘horribly wrong’ to try eliminating Senate filibuster

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Sen. John Fetterman (D-Pa.) is backpedaling on his previous calls to eliminate the filibuster in the Senate — which is a critical bulwark against “a fill-in-the-blank government with new laws, deregulation or procedures of its choosing,” he wrote in a Washington Post op-ed published Monday.

“A Senate without the filibuster [would become] a Senate that ignored the voices of the minority and everyday people,” he wrote, elaborating on previous comments. Last month, he told Katie Miller that Democrats were “so wrong” about opposing the filibuster.

“We cannot become a smaller version of the House of Representatives,” he wrote in his op-ed.

In 2022, Fetterman campaigned to abolish the filibuster, a 60-vote rule that effectively requires a supermajority to pass most legislation. His argument on the trail — which remains on his campaign website as of Monday afternoon — was that the rule stood “in the way of getting things done for Pennsylvanians.”

At that time, many Senate Democrats and activists argued the same publicly, as the party attempted to pass a sweeping overhaul of elections that Democrats said would better protect voting rights. But two then-Democratic senators, Joe Manchin (W.Va.) and Kyrsten Sinema (Ariz.) — protested against throwing out the rule, saying it would hurt the party’s priorities in the long run.

Ultimately the filibuster survived and Democrats did not pass their voting rights bill, with much of the party base heaping scorn on Manchin and Sinema.

Now, with Republicans holding a government trifecta, the power dynamic has flipped.

President Donald Trump is now urging Republican senators to kill the filibuster, which has stalled passage of the SAVE America Act. He turned the screws on Majority Leader John Thune on Monday, demanding that Thune keep the Senate in session until the GOP-backed elections bill passes.

“John Thune should not allow the United States Senate to ‘leave town’ until it passes The Save America Act or, far better still, TERMINATES THE FILIBUSTER, where Republicans can then quickly pass everything they ever dreamed of,” Trump wrote in a Truth Social post.

The filibuster has been a block against GOP-championed causes, Fetterman argued: “We could have extreme policies such as nationwide abortion restrictions, backpedaling on LGBT rights, repeal of birthright citizenship and limited voting rights across the country. … Republicans could fundamentally change the entire government and country with a simple majority vote.”

With the midterms approaching, Democrats face a tight battle to win back the Senate. The next time they have a trifecta, the filibuster will — once again — be a thorn in the party’s side, complicating the passage of key priorities.

Democrats “will once again have to find common ground with our Republican colleagues,” Fetterman said. “We will need to abandon our worst impulses as a party and work together to find solutions to the problems Americans face.”

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