Some of the KSB crew grew up in the 1990s (We know . . . hard to believe) and vividly remember the anti-smoking commercials routinely run on prime time television. Remember this or this? The Surgeon General issued countless warnings about the hazards of cigarette use, especially with teens. While cigarette use has drastically declined with teens since the 1990s, we are now faced with the newest health crisis. In 2023, the U.S. Surgeon General issued an advisory report sounding the alarm on teenage social media usage and the long term impacts usage may have. The report is an urgent call for action to policymakers, technology companies, researchers, families, and young people. Just like the addiction cigarettes cause, many teens report similar addictive feelings towards social media.
Not only is the federal government concerned about the impact of social media on youth in our country, forty-one states (including Nebraska and South Dakota) have sued Meta, the owner of Facebook, Instagram, Threads, and WhatsApp. The lawsuit alleges Meta platforms are harming the mental health of young people, are not safe and are designed for compulsive and extended use, interferes with young people’s sleep, promotes body dysmorphia in youth, and violates many Children’s Online Privacy Protection (COPPA) rules. The lawsuit alleges that Meta has misinformed the public about the substantial dangers of social media in an effort to boost profits at the exploitation of youth health.
In addition to the concerted efforts from states, several school districts across the country have also sued Meta and other major social media companies. Similar to the claims of the states, school districts are claiming social media products are harmful to mental health, designed to be addictive, and are specifically targeted to children. For example, Seattle Public Schools was the leader in the school based lawsuits. It claims that public schools have been asked to shoulder the mental health crisis caused by teen social media usage. Schools in Washington, Florida, California, Pennsylvania, New Jersey, Alabama, and Tennessee have all filed similar lawsuits. Other states have sought to legislate protections for social media usage such as Utah which will bar children under the age of 18 from using social media without parental consent.
At KSB, we will continue to watch the progress of the lawsuits and determine what, if any, steps our schools can take to combat the mental health concerns facing teens. As a reminder, we offer the Digital Citizenship student assembly, staff in-service, or parent assembly (or a combination of the three) which discuss teen social media usage, the newest findings from the Surgeon General’s report, and consequences of engaging in cyberthreats or bullying. If you have any questions or would like to book a Digital Citizenship assembly, please reach out to ksb@ksbschoollaw.com or give us a call at 402-804-8000.