This statement is in response to breaking news. Please contact pr@rstreet.org to speak with the scholars.
In response to a jury in California claiming that two technology companies have created social media platforms that were negligent in preventing harm to children, Josh Withrow, a fellow with R Street’s technology and innovation program, released the following statement:
“This case in California sets a precedent that will compel social media companies to restrict access to and features on their platforms in a way that would be unconstitutional if mandated directly by legislation. This could likely include enacting stricter age verification, which will compromise users’ online anonymity and restrict minors’ access to a lot of non-harmful speech.
The same algorithms and features that are being blamed for the tragic outcomes in these cases are also the features that make them useful to the vast majority of users, and represent editorial decisions by the platforms that ought to be protected as free speech. This verdict, if it withstands appeal, will instead lead to armies of trial lawyers enriching themselves while eating away at the content that platforms are willing to host.
Public policy should focus on protecting youth online by truly empowering parents and encouraging them to exercise the tremendous amount of control they already have over their kids’ screen time via the copious tools that are already at their fingertips.”