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Should Social Media Have Health Warnings? These 42 Attorneys General Think So

LEGAL NEWS

A coalition of attorneys general from 42 states and territories has formally endorsed U.S. Surgeon General Vivek Murthy’s call for warning labels on social media platforms, emphasizing concerns about the impact of social media on youth mental health.

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The attorneys general (AGs) have submitted a joint letter to Congress, asking for legislation that would mandate a “surgeon general’s warning” on social media, similar to the warnings seen on tobacco and alcohol products.

The letter, backed by AGs from states including California, New York, Texas, and Florida, expresses growing concern about the effect of social media on minors, citing Surgeon General Murthy’s assertions that overuse of these platforms can be addictive and harmful, especially to younger users.

“As Surgeon General Murthy recognized, this generational harm demands immediate action,” the AGs wrote. “By mandating a surgeon general’s warning on algorithm-driven social media platforms, Congress can help abate this growing crisis and protect future generations of Americans.”

The proposal comes amid increasing scrutiny of social media companies, particularly for their impact on minors. Various state AGs have launched investigations into platforms like TikTok, accusing them of violating privacy laws and failing to protect children adequately. Some of these AGs are also involved in lawsuits targeting social media platforms for their alleged role in exacerbating the mental health crisis among teenagers.

Several high-profile cases have drawn attention to the issue, with critics alleging that platforms driven by algorithms often expose minors to harmful content, including inappropriate sexual material and online bullying. Surgeon General Murthy has been vocal about these concerns, arguing in an op-ed for The New York Times that social media poses a public health threat akin to tobacco and alcohol. His push for warning labels reflects his belief that parents and children need to be made more aware of the risks.

“A surgeon general’s warning label, which requires congressional action, would regularly remind parents and adolescents that social media has not been proved safe,” Murthy wrote. “Legislation from Congress should shield young people from online harassment, abuse, and exploitation.”

The AGs’ letter also supports other legislative measures currently under consideration, such as the Kids Online Safety and Privacy Act (KOSPA), which passed the U.S. Senate with bipartisan support but remains stalled in the House. The act includes provisions aimed at increasing protections for minors online, particularly in relation to privacy and exposure to harmful content.

In their letter, the attorneys general underscore the bipartisan nature of these concerns, noting that legislative efforts to address the mental health crisis caused by social media use have support from both sides of the political aisle.

However, not everyone supports the proposed measures. Critics, including civil liberties groups and digital rights advocates, have raised concerns about the potential chilling effect on free speech. They argue that over-regulation of social media platforms could lead to censorship and over-moderation, particularly on controversial topics.

Some states have already passed local laws imposing age verification requirements and restrictions on access to certain content, prompting lawsuits from tech companies. In several cases, courts have ruled that these laws infringe on First Amendment rights. For instance, Texas’ House Bill 1181, which required health warning labels for pornographic websites, was challenged in court, with the Fifth Circuit Court of Appeals striking down the public health warnings but upholding age verification measures.

Critics have pointed out that while labeling social media content may appear to be a solution, there is limited evidence that such warnings are effective in preventing harm. Rachel Rodgers, an applied psychology professor at Northeastern University, noted that “warning labels on media images that have been digitally modified are ineffective in preventing the negative effects of media images on body image at best,” and in some cases, may even exacerbate those effects.

With increasing pressure from lawmakers and advocates, the debate over how best to protect children online is likely to continue. As tech companies navigate potential regulations and legal challenges, the push for surgeon general’s warnings and greater oversight may shape the future of digital platforms.

While the AGs’ letter to Congress is not a direct endorsement of the Kids Online Safety and Privacy Act, it signals growing momentum for new regulations targeting online safety. As the letter concludes, the AGs call on Congress to take bold steps: “This crisis demands innovative solutions, and we urge Congress to take immediate action to safeguard the well-being of our children in the face of emerging technologies.”

The question remains whether these proposals can balance the need to protect minors without infringing on the free speech rights of adults and platforms.


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