Do Facebook and TikTok hurt kids?

More than 500 public school districts nationwide are suing social media companies for what they say is a youth mental health crisis, thanks to addictive content on sites such as Facebook and TikTok. The federal court litigants include Spokane Public Schools, which successfully sued a vaping company for marketing to students. At least one district in Ada County has considered a social media suit.

Plaintiffs allege that Meta, TikTok, Snap, YouTube and other social media companies engaged in reckless and negligent practices which cause or contribute to a mental health crisis among the nation’s (or district’s) youth. The lawsuits say social media companies are well aware of this crisis, as well as the highly addictive qualities of their apps, yet continue to specifically target young users.

While current legal standards for liability and direct causation (i.e., intervening issues from parents, schoolmates and events notwithstanding) may be hard to meet, there is some supporting evidence that kids are worse off. In October 2021, former Meta employee Frances Haugen testified before Congress that Meta's internal research indicated how harmful their products are to children’s mental health, especially teenagers. Facebook’s internal studies also showed an increased incidence of suicidal feelings in correlation with using the company’s apps, yet as Haugen testified, “over and over again, has shown it chooses profits over safety.” CEO Mark Zuckerberg publicly denied this depiction of their priorities.

In May, the U.S. Surgeon General issued a national advisory on the youth mental health crisis, in part blaming social media for the growing incidence of youth depression, anxiety, eating disorders and poor body image, self-harm and other mental health problems.

Research from multiple studies cited in the advisory found:

• Nearly half of adolescents aged 13 to 17 said social media makes them feel worse.

• Sixty-four percent of adolescents are “often” or “sometimes” exposed to hate-based content through social media.

• More than one-third of girls aged 11 to 15 say they feel “addicted” to a social media platform.

• The advisory also points to studies that show “a relationship between social media use and poor sleep quality, reduced sleep duration, sleep difficulties and depression among youth.”

• The Center for Disease Control’s National Youth Risk Behavior Survey found that the rate of teen depression rose by more than 60% between 2011 and 2018.

The Surgeon General has called for stronger guidelines limiting social media use among children and teens, pointing to a growing body of research that it poses a "profound risk" to young people's mental health.

Weaknesses in the plaintiffs’ arguments generally center around the First Amendment. Suggesting what videos to watch next, for example, is generally protected speech. Then again, even free speech already has legal limits when it comes to kids, so, at least theoretically, the potential exists to stretch that protective envelope. Law is ever-changing, but overall the vast world online has been mostly resistant to such limits.

Except, perhaps, at the state level. Consider Utah’s recently passed Social Media Regulation Act — a curfew barring minors from using social media sites between 10:30 p.m. and 6:30 a.m. That part may be difficult to enforce without parent cooperation, but the legislation also bars social media companies from implementing addictive features and advertising aimed at underage users. That could make it easier for families who allege their children were harmed by the platforms to sue for damages, often a more effective deterrent to unfettered targeting practices.

While legal experts are skeptical that the districts’ lawsuits will succeed in courts of law, they may be more likely to impact American culture and the court of public opinion. The stand they’re taking is making headlines and increasing awareness, potentially influencing parents and, perhaps, some teens and young adults. The lawsuits may also affect consumer expectations of social media companies. That could cause company executives to choose different marketing and targeting practices to better prioritize children’s health.

Consumers are both exercising and seeing the effects of their power. Earlier lawsuits against tobacco, oil, opioid and vaping industries led to changes in how they do business. Even without court involvement, consumer ethics are increasingly impacting how companies do business. There is a growing perception of corporations as societal citizens with mutual responsibilities on both sides of the dollar exchange.

Or, in this case, the click.

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Sholeh Patrick is a columnist for the Hagadone News Network. Email sholeh@cdapress.com.