The Battle for Accountability: Social Media Giants Face Lawsuits
Over Teen Mental Health Crisis

In a packed Los Angeles courtroom, the world’s most influential social media platforms—Facebook, Instagram, Snapchat, TikTok, and YouTube—returned to defend themselves against a wave of lawsuits claiming their platforms have fueled a teen mental health epidemic. Over 1,300 lawsuits, consolidated in California state courts, allege the tech companies created and market “addictive and dangerous” products that have led to widespread technology addiction, depression, and other harmful issues among young users.

These lawsuits, brought by school districts and personal injury plaintiffs, allege that the companies knowingly prioritized engagement and profits over the well-being of their users. The master complaint highlights the role of platform algorithms, which they claim have been programed to steer young users towards addictive and harmful content to maximize their potential audience.

Some examples of this include “thinspiration” content, which promotes extreme body ideals and disordered eating, and posts glorifying risky (and potentially illegal) acts such as dangerous pranks and dares.

The lawsuits aim to hold the companies accountable, arguing that their business practices have exacerbated an “unprecedented mental health crisis” among teens. Central to the case is the claim that the platforms failed to warn users about the risks of their services.

Defense Arguments: Free Speech and Responsibility

David Mattern, an attorney for TikTok, contended that requiring platforms to issue warnings for their algorithms’ output would result in a “litany of warnings” and interfere with the personalized nature of their services. The companies further argue that their practices are protected under the First Amendment, comparing their algorithms to editorial choices in traditional media.

“The First Amendment does not go on leave when it comes to social media companies,” Mattern said, warning that holding the platforms liable could set a dangerous precedent.

The main case is pending in the court of Judge Carolyn Kuhl, who has previously ruled that some claims against the platforms are barred under Section 230 of the Communications Decency Act, a federal law that shields platforms from liability for user-generated content. This law in particular has become a cornerstone of the tech industry’s legal defenses.

However, Judge Kuhl has allowed other claims to proceed, particularly those concerning platform design choices, such as enabling private messages between minors and adults or failing to implement robust age verification tools.

Claims tied to the platforms’ promotion of viral challenges, such as the “blackout challenge” or the “Benadryl challenge,” were dismissed under Section 230 protections. But allegations about features directly designed and controlled by the platforms—like geolocation tools revealing minors’ locations—remain in play.

The Stakes: More Than Just Legal Liability

Beyond the courtroom, these lawsuits reflect a broader societal reckoning with the role of social media in shaping young lives. The U.S. Surgeon General’s 2023 advisory highlighted mounting evidence of social media’s harm to children and adolescents, reinforcing the concerns raised in the lawsuits. More than a dozen states have recently filed lawsuits against TikTok alone.

If these cases succeed, they could set a landmark precedent compelling social media platforms to overhaul their algorithmic design, implement stricter safety measures, and provide transparency about the risks associated with their use.

What’s Next?

Judge Kuhl is still reviewing arguments to dismiss certain types of claims. However, bellwether cases (or “test” cases) will soon go to trial in order to provide a clearer picture of the strength of the plaintiffs’ arguments. Meanwhile, discovery disputes and ongoing federal multi-district litigation (MDL) are ongoing

As these cases unfold, the question remains: How much responsibility should social media companies bear for the mental health crisis affecting today’s youth? Whatever the outcome, the legal and societal impact will influence how we navigate the intersection of technology, free speech, and public health in the digital age.

We at the Herd Law Firm, PLLC, are mindful of the minds and emotions of young children and adults that need to be protected. We fight for victims of injuries of all kinds in all types of personal injury and death claims (and other matters we handle), and never waver in our commitment to help these victims and their families in seeking the assistance and compensation they so need and deserve.

11/21/2024