In the latest body blow to the social media industry, Massachusetts’ highest court on Friday ruled that the state can sue technology giant Meta over allegations its popular online sites Facebook and Instagram are too addictive to minors.
The ruling comes in the wake of major courtroom defeats for the industry in other states. Just over two weeks ago, a California jury awarded $6 million in damages to a 20-year-old woman who said that she’d become addicted as a child to Meta’s Instagram and Google’s social video service YouTube. The day before, a jury in New Mexico issued a $375 million judgment against Meta for allegedly deceiving users about mental health risks, and concealing evidence that sexual predators use Meta services to exploit children.
The companies have appealed these verdicts, which if they stand, could unleash a torrent of similar lawsuits that could cost the companies billions and lead to a radical overhaul of their business practices.
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But some civil liberties organizations have warned that such lawsuits pose a threat to the First Amendment, by exposing companies to punishment merely for encouraging people to view words and images that are protected speech under the US Constitution.
“When courts recharacterize editorial judgments as product defects, they dismantle [federal law] without a single legislative vote and expose every platform that displays user content to broad liability,” said Ashkhen Kazaryan, senior legal fellow at The Future of Free Speech. “If these precedents stand, this might lead to the end of the open Internet as we know it.”
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Ashkhen Kazaryan is a Senior Legal Fellow at The Future of Free Speech, where she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.