Elon Musk’s eleventh-hour support for a child online safety bill is creating an early test of the tech billionaire and Trump ally’s influence on Capitol Hill.
Musk over the weekend called for the passage of the Kids Online Safety Act (KOSA) — a polarizing bipartisan bill intended to create more protection for minors online — after his social media platform, X, worked on changes with the bill’s Senate sponsors.
Advocates for KOSA expressed optimism that Musk’s support could quell free speech concerns among members in the House, which has yet to vote on the bill with just weeks left in the lame-duck session.
But Speaker Mike Johnson (R-La.) has shown little sign of relenting on his concerns about KOSA, sparking questions over Musk’s ability to push the bill across the finish line.
Musk, who calls himself a fierce advocate of free speech, and Donald Trump Jr. argued over the weekend that the updated Senate version of KOSA achieves members’ safety goals without hindering First Amendment rights.
Democratic Sen. Richard Blumenthal (Conn.), KOSA’s Senate co-author, told The Hill that Musk should “certainly” have sway on Capitol Hill.
“Because he’s the champion of free speech among the ‘Big Tech’ executives and he is satisfied that this bill upholds free speech and the First Amendment, I think that should carry a lot of weight,” he said.
Rep. Gus Bilirakis (R-Fla.), KOSA’s sponsor in the House, revealed Tuesday he was not involved in talks with Musk, but he nonetheless embraced the tech leader’s support.
“I think it’s a positive thing. We’re moving in the right direction,” he told The Hill of Sen. Marsha Blackburn's (R-Tenn.) reported negotiations with X CEO Linda Yaccarino and Musk.
“His CEO has been working on this for quite a while. Any way we can get this through to protect these kids is good for me,” Blackburn said of Musk.
Bilirakis later said he plans to call President-elect Trump, who has not publicly weighed in on the issue, about the bill. The Trump transition team did not respond to requests for comment.
While Johnson said Tuesday he is “100 percent” supportive of the principles behind KOSA, he seemed unconvinced the changes fully satisfy his apprehensions.
“You got to get this one right,” he said. “When you’re dealing with the regulation of free speech, you can’t go too far and [have] it be overbroad, but you want to achieve those objectives. So, it’s essential that we get this issue right.”
The changes negotiated by X seek to make sure KOSA would not “censor, limit or remove” content from the internet — a concern of some conservatives and LGBTQ groups. It also makes clear the Federal Trade Commission or state attorneys general would not have the ability to bring lawsuits over content or speech, Blackburn’s office said.
Some members take issue with the “duty of care” legal provision, which would require social media companies to prevent and mitigate harm their platforms can cause young users, including suicide, eating disorders and sexual exploitation.
While Musk’s comments could have made a difference, the last-minute endorsement leaves Johnson with very limited time.
And even if Johnson was more amenable to the bill’s current language, KOSA still needs to go through the Education and Workforce Committee before it can be considered for a floor vote, a House GOP leadership source confirmed.
“It’s a little too late to start fixing the bill and addressing concerns,” a GOP aide told The Hill.
It was not immediately clear how the negotiations between KOSA co-sponsor Blackburn and X came to be. A House GOP leadership source said leadership learned of the weekend changes in a press release.
Blackburn’s office declined to comment on how their talks with X and its leadership unfolded.
Johnson has all but punted the conversation into next year, telling reporters this week he is looking forward to working with the Trump administration on the issue and cautioned Republicans against rushing with the party set to take control of the White House and Congress in 2025.
The Speaker took at least 20 meetings with KOSA advocates in the past six months, Johnson spokesperson Athina Lawson said, emphasizing this week Johnson “has been and continues to be open to working through member concerns.”
The statement comes just days after Musk met with Johnson and other Congressional members at the Capitol to discuss his plans for the “Department of Government Efficiency,” or DOGE. The advisory panel will focus on slashing government funding and some regulations.
His visit spurred excitement among lawmakers, including Johnson, who called Musk and DOGE co-leader Vivek Ramaswamy “forward-thinkers,” as the tech moguls take on increased roles in the political world.
Still, Rep. Aaron Bean (R-Fla.), who helped launch the House’s Delivering Outstanding Government Efficiency Caucus, said he has doubts Musk will be trying to exert his influence on something like KOSA while he focuses on DOGE.
“Certainly, he’s got political capital, but I don’t know. I don’t see him using it in that instance,” Bean told The Hill. “What I see now ... the focus has really been on DOGE, on cuts, on efficiency, on waste, fraud and abuse.”
Blumenthal claimed most House Republicans would vote for this bill, pinning the blame solely on Johnson, whom he described as “alone” and “on an island.”
“I respect him, but I’m hopeful Elon Musk’s support will carry some weight with him,” he said Tuesday.
Outside advocacy groups also thought Musk and Donald Trump Jr.’s support would do the same, with at least two parents pointing to their weekend comments during a rally Tuesday outside the Capitol.
“You’ve got two champions of free speech saying, let’s get this done. What more do we need, right? I mean, what better endorsement can you get right?" said Amy Neville, who lost her son, Alexander, at 14 to fentanyl poisoning after allegedly meeting a drug dealer through Snapchat.