Opponents of a Colorado bill that would require social media companies to remove users who try to sell drugs or guns to young people are hopeful that Governor Jared Polis will veto the policy, arguing that it erodes First Amendment rights to freedom of speech.

Senate Bill 25-86 passed both chambers of the Legislature with a widely bipartisan vote. But in a statement last week, Polis said he has concerns over the bill’s impact on “freedom, innovation, and privacy.” His office of information technology testified against the bill as it went through the legislative process.

The bill was sent to his office April 14, and he has until Thursday to sign or veto it. If it is vetoed, the Legislature would have time to vote on an override, which would require two-thirds of the body in support.

Opponents of the bill primarily worry about having private companies, such as Meta and X, act as law enforcement over speech on the platforms.

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“While we share the intent of keeping kids safe online, the reality is that when we begin to consciously erode the First Amendment rights of some, we start to erode the rights of all,” said Anaya Robinson, a policy strategist at ACLU Colorado, during a Tuesday press conference. The comments come after the bill’s sponsors and supporters held their own press conference to urge Polis’ signature.

Robinson referenced the 2017 U.S. Supreme Court case Packingham v. North Carolina, a decision that determined a North Carolina law banning registered sex offenders from accessing some social media sites was unconstitutional. A regulation on speech, justices decided, needs to be narrowly tailored and serve a significant government interest.

This bill actually gives tech companies more power and makes them an extension of law enforcement.

The Colorado bill concerns social media users who attempt to sell guns, drugs or sex traffic minors on the platform. Companies would be required to determine within 10 days of notification if the user violated their policy on the topic, and kick them off the platform within 24 hours if they decided a violation occurred. Additionally, companies would need to comply with search warrants from law enforcement within three days.

Sponsors and backers of the bill say it reflects the growing reality of how minors and young people access drugs and firearms today, as well as the danger of sexual exploitation on social media platforms.

Hazel Gibson, the political director at ProgressNow Colorado, a left-leaning advocacy organization, said the bill is an example of government overreach into a private company by mandating that they police speech.

“This bill actually gives tech companies more power and makes them an extension of law enforcement. I don’t think giving them more power is the solution to those problems,” she said. “We know that kids of color are already over-policed in real life, and now we’re expanding that into the digital world.”

Gibson and Robinson said they worry about the ripple effect of the bill to embolden other states to pass similar laws.