SEATTLE — Like the tobacco, oil, gun, opioid and vaping industries before them, the big U.S. social media companies are now facing lawsuits brought by public entities that seek to hold them accountable for a huge societal problem — in their case, the mental health crisis among youth.
But the new lawsuits — one by the public school district in Seattle on Jan. 6, with a second filed by a suburban district Monday and almost certainly more to come — face an uncertain legal road.
The U.S. Supreme Court is scheduled to hear arguments next month over the extent to which federal law protects the tech industry from such claims when social media algorithms push potentially harmful content.
Even if the high court were to clear the way for lawsuits like Seattle’s, the district has a daunting challenge in proving the industry’s liability.
And the tech industry insists there are many ways social media’s effects on teen mental health differ from, say, big pharma’s role in pushing opioid addiction.
Associated Press
The logos of Facebook, YouTube, TikTok and Snapchat.
“The underlying argument is that the tech industry is to blame for the emotional state of teenagers, because they made recommendations on content that has caused emotional harm,” said Carl Szabo, vice president and general counsel of the tech industry trade association NetChoice. “It would be absurd to sue Barnes & Noble because an employee recommended a book that caused emotional harm or made a teenager feel bad. But that’s exactly what this lawsuit is doing.”
Seattle Public Schools sued the tech giants behind TikTok, Instagram, Facebook, YouTube and Snapchat, alleging they have created a public nuisance by targeting their products to children. The Kent School District south of Seattle followed suit Monday.
The districts blame the companies for worsening mental health and behavioral disorders including anxiety, depression, disordered eating and cyberbullying; making it more difficult to educate students; and forcing schools to take steps such as hiring additional mental health professionals, developing lesson plans about the effects of social media and providing additional training to teachers.
“Our students — and young people everywhere — face unprecedented learning and life struggles that are amplified by the negative impacts of increased screen time, unfiltered content, and potentially addictive properties of social media,” Seattle Superintendent Brent Jones said in an emailed statement Tuesday. “We are confident and hopeful that this lawsuit is a significant step toward reversing this trend for our students.”
Federal law — Section 230 of the Communications Decency Act of 1996 — helps protect online companies from liability arising from what third-party users post on their platforms. But the lawsuits argue the provision, which predates all the social media platforms, does not protect the tech giants’ behavior in this case, where their own algorithms promote harmful content.
The companies have insisted that they take the safety of their users, especially kids, seriously, and they have introduced tools to make it easier for parents to know whom their children are contacting; made mental health resources, including the new 988 crisis hotline, more prominent; and improved age verification and screen time limits.
Both cases were filed in U.S. District Court in Seattle, but they are based on state public nuisance law — a broad, vaguely defined legal concept whose origins date back at least to 13th century England. In Washington, public nuisance is defined, in part, as “every act unlawfully done and every omission to perform a duty” which “shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons.”
Most famously, public nuisance claims helped prompt the tobacco industry’s $246 billion, 25-year settlement with the states in 1998. But public nuisance law also has been at least part of the basis for litigation by state, city, county or tribal governments seeking to hold oil companies responsible for climate change, the gun industry for gun violence, the pharmaceutical industry for the opioid crisis and vaping companies like Juul for teen vaping.
Much of the litigation is ongoing. Juul Labs last month agreed to settle thousands of lawsuits — including 1,400 from school districts, cities and counties — for a reported $1.2 billion.
The Seattle litigation has the potential to enact massive change, prompting questions about the appropriateness of addressing big societal issues in court rather than through lawmaking. Yet there is little risk to the school district because a private law firm filed the complaint on a contingency basis in which the firm is paid only if the case succeeds.
Jolina Cuaresma, senior counsel for privacy and tech policy at Common Sense Media, which aims to make media safer for children, said she was thrilled to see a school district make a public nuisance claim against the tech companies.
“Folks have become tired waiting for Congress to do something,” she said.
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School lawsuits over social media harm face tough legal road
"If you're reading this article, kudos to you for thinking about reevaluating social media," Agarwal said Trying to meet your goals is all about celebrating the small wins.
At the least, set small benchmarks for yourself like spending 10 minutes less on social media than the day before. The right amount of social media time is different for everyone since some people actually use these apps to brand and help market themselves. Find your own social media sweet spot, and remember, even if you scroll too much on social media one day, you can try and meet your goal tomorrow.
Another way to keep you on track is to share your goal with someone you trust. A friend or loved one who can kindly nudge you when they notice you've been on social media for awhile.
"If you're reading this article, kudos to you for thinking about reevaluating social media," Agarwal said Trying to meet your goals is all about celebrating the small wins.
At the least, set small benchmarks for yourself like spending 10 minutes less on social media than the day before. The right amount of social media time is different for everyone since some people actually use these apps to brand and help market themselves. Find your own social media sweet spot, and remember, even if you scroll too much on social media one day, you can try and meet your goal tomorrow.
Another way to keep you on track is to share your goal with someone you trust. A friend or loved one who can kindly nudge you when they notice you've been on social media for awhile.
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School lawsuits over social media harm face tough legal road
Scrolling through social media while hanging out with friends isn't uncommon nowadays, but when you think about how unengaged you are in those moments, it can put social media use into perspective.
Agarwal suggests the next time you're in a room with others at a family or friends gathering and you see yourself scrolling through social media instead of engaging with others, take a minute to physically remove yourself from the room and isolate in another room. Listen and feel how much you may be missing out on.
"What that does is it gives your brain a signal. If you force yourself to leave the room, you realize how much you're using that app and missing out on other people," Agarwal said. "It's a good physical reminder of being present in the moment and not on your on your phone and scrolling through social media."
Scrolling through social media while hanging out with friends isn't uncommon nowadays, but when you think about how unengaged you are in those moments, it can put social media use into perspective.
Agarwal suggests the next time you're in a room with others at a family or friends gathering and you see yourself scrolling through social media instead of engaging with others, take a minute to physically remove yourself from the room and isolate in another room. Listen and feel how much you may be missing out on.
"What that does is it gives your brain a signal. If you force yourself to leave the room, you realize how much you're using that app and missing out on other people," Agarwal said. "It's a good physical reminder of being present in the moment and not on your on your phone and scrolling through social media."
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School lawsuits over social media harm face tough legal road
Most smart phones nowadays track your screen-time and usage already. It's a good idea to figure out your average screen time per day so you have a benchmark that you can work on.
On iPhone, you can go into your "Screen Time" settings, which displays the amount of time you spend on each app and allows you to put timers on specific apps to limit how long you're on them. Android phones have similar features in the "Digital Wellbeing" settings. Additionally, Facebook, Instagram and TikTok offer the same features within the app settings themselves.
Most smart phones nowadays track your screen-time and usage already. It's a good idea to figure out your average screen time per day so you have a benchmark that you can work on.
On iPhone, you can go into your "Screen Time" settings, which displays the amount of time you spend on each app and allows you to put timers on specific apps to limit how long you're on them. Android phones have similar features in the "Digital Wellbeing" settings. Additionally, Facebook, Instagram and TikTok offer the same features within the app settings themselves.
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School lawsuits over social media harm face tough legal road
When you're at home and have free time, put your phone in a drawer or somewhere you can't see it. Oftentimes limiting the ability to quickly and easily pick up your phone is enough to keep you off of social media, said Agarwal. If your phone is what keeps your hands from fidgeting, try to have some objects around the house that relieve stress, like a stress ball, fidget toy or yarn and crochet hooks.
Hide your social media apps on your phone by placing the app on the second or third page of your home screen or bury the app inside an "app folder" with a bunch of others. When you're waiting in line or have a free five minutes, instead of grabbing your phone — take in the view, practice some breathing exercises or read a book.
When you're at home and have free time, put your phone in a drawer or somewhere you can't see it. Oftentimes limiting the ability to quickly and easily pick up your phone is enough to keep you off of social media, said Agarwal. If your phone is what keeps your hands from fidgeting, try to have some objects around the house that relieve stress, like a stress ball, fidget toy or yarn and crochet hooks.
Hide your social media apps on your phone by placing the app on the second or third page of your home screen or bury the app inside an "app folder" with a bunch of others. When you're waiting in line or have a free five minutes, instead of grabbing your phone — take in the view, practice some breathing exercises or read a book.
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School lawsuits over social media harm face tough legal road
Ever hear of "text neck?" It's the result of looking down at our phones when scrolling or texting, straining the neck muscles over a long period of time. Taking a break from social media helps relieve neck pain and gives your eyes a break from bright screens.
People may also be more connected than ever through social media, but a 2018 University of Pennsylvania study found that people who limit their time on social media experience less depression and feelings of loneliness.
Taking a break from social media will give you better sleep, too. Research suggests that nighttime use of social media is driven by FOMO (fear of missing out), and keeps people scrolling longer at night instead of going to sleep.
Ever hear of "text neck?" It's the result of looking down at our phones when scrolling or texting, straining the neck muscles over a long period of time. Taking a break from social media helps relieve neck pain and gives your eyes a break from bright screens.
People may also be more connected than ever through social media, but a 2018 University of Pennsylvania study found that people who limit their time on social media experience less depression and feelings of loneliness.
Taking a break from social media will give you better sleep, too. Research suggests that nighttime use of social media is driven by FOMO (fear of missing out), and keeps people scrolling longer at night instead of going to sleep.
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School lawsuits over social media harm face tough legal road
What is the reason that brought you onto social media? This is the question Agarwal said to ask yourself when trying to figure out if it's time to take a social media break. If you're not getting the same satisfaction from the reason you use social media, it may be time to look for alternatives.
If you joined social media to...
1. Find community: Look for clubs and groups in your neighborhood where you can meet and interact with others IRL (in real life).
2. Be inspired: Consume other forms of media like magazines, books, podcasts, movies or live events.
3. Buy and sell things: Try using other apps, like OfferUp or NextDoor, or visiting local events and marketplaces in person.
What is the reason that brought you onto social media? This is the question Agarwal said to ask yourself when trying to figure out if it's time to take a social media break. If you're not getting the same satisfaction from the reason you use social media, it may be time to look for alternatives.
If you joined social media to...
1. Find community: Look for clubs and groups in your neighborhood where you can meet and interact with others IRL (in real life).
2. Be inspired: Consume other forms of media like magazines, books, podcasts, movies or live events.
3. Buy and sell things: Try using other apps, like OfferUp or NextDoor, or visiting local events and marketplaces in person.
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School lawsuits over social media harm face tough legal road
Dreamstime/TNS
Two and a half hours — that's the average amount of time people spend on social media each day.
It may not sound like a lot, but that time can really add up — and at what cost? Social media has proven negative effects on mental health (especially for teens), self-image and for some is a huge time-waster.
University of Penn's Anish Agarwal, an emergency physician, researcher, and deputy director for the Center for Digital Health, said it's important to constantly be reevaluating the role social media plays in daily life.
The bottom line: taking a break from social media is healthy for you. Read on for guidance and tools to help you limit screen time on these apps.
Dreamstime/TNS
Two and a half hours — that's the average amount of time people spend on social media each day.
It may not sound like a lot, but that time can really add up — and at what cost? Social media has proven negative effects on mental health (especially for teens), self-image and for some is a huge time-waster.
University of Penn's Anish Agarwal, an emergency physician, researcher, and deputy director for the Center for Digital Health, said it's important to constantly be reevaluating the role social media plays in daily life.
The bottom line: taking a break from social media is healthy for you. Read on for guidance and tools to help you limit screen time on these apps.
