Social Media and the Law

Interactive map of state laws

Information on cyberbullying laws in the 50 states.

Not a cyberbullying case, but deals with when schools can discipline students for off campus speech. "In Mahanoy, the United States Supreme Court resolved the conflict, holding that school officials do have authority to discipline students for their off-campus speech in appropriate cases. However, the court limited that authority to compelling situations, and it ruled that the discipline of B.L. for her vulgarity exceeded that authority and violated her First Amendment rights" quote is from the article SCOTUS Gets It Right in 'Mahanoy' With Measured Response to Student Speech

National Conference of State Legislatures - linked list of the laws in the 50 states

Ebook 2017

Information on some of the lawsuits filed against various social media companies. "The Social Media Victims Law Center (SMVLC) works to hold social media companies legally accountable for the harm they inflict on vulnerable users. SMVLC seeks to apply principles of product liability to force social media companies to elevate consumer safety to the forefront of their economic analysis and design safer platforms that protect users from foreseeable harm."

consumernotice.org

pending in the Northern District of California

filed 10/24/23. See article: Attorney General Mayes and Bipartisan Coalition of Attorneys General Sue Meta for Harming Youth Mental Health Through Social Media Platforms

Whether school districts can sue social media giants for student addiction. Public nuisance theory.Article: Social Media Giants Avoid School Districts’ Addiction Claims(Bloomberg Law)

Suit asserts violation of state consumer protection laws.

Bloomberg Law article, 10/8/2024

National Conference of State Legislatures - proposed legislation in 2023, what passed and what didn't. Includes age verification and parental consent laws.

Electronic Frontier Foundation, Dec. 30, 2023. Notes that courts have blocked legislation in several states.

Federalist Society Aug. 7, 2023

118th Congress, 2023. A right to be forgotten for children

by Fairplay (Proposed Federal Legislation)

"COPPA 2.0"

Question Presented: Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults’ access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done. (Texas age verification statute). Cert granted.

Held: Plaintiff "likely to succeed in showing that the CAADCA's [California statute's] requirement that covered businesses opine on and mitigate the risk that children may be exposed to harmful or potentially harmful materials online facially violates the First Amendment." Vacates the remainder of the district court's preliminary injunction.

Arkansas social media age verification statute likely violates First Amendment.

Filed complaint on 12/18/23, challenging Utah Social Media Regulation Act, which is child protection legislation with age verification requirement. Preliminary injunction granted 9/10/2024. Defendant (Utah AG) motion to dismiss 230 preemption claims granted 7/23/2024.

Trial judge granted preliminary injunction to halt enforcement of Texas statutes regulating what children can share and view.

An advocacy group with an emphasis on nonconsensual distribution of intimate images (NDII) dissemination, sextortion, and deep fakes