Log Off or Law On? Minors’ Social Media Usage To Be Addressed In The Upcoming Texas Legislative Session

Article by: Law Clerk Jose De LunaFrom Myspace to Facebook to TikTok we are now over 20 years into era of social media. Websites and applications have evolved from online chat rooms to becoming the modern town square, where ideas, opinions, and news are easily accessible. Unfortunately, however, despite 20 years of innovation, the dangers of social media remain prevalent, particularly for minors. Cyberbullying, sex crimes, and now data collection have all emerged as causes for concern with children’s use of the internet.A Texas Representative has filed a bill prohibiting minors from creating social media accounts by requiring social media platforms to age-verify that users are above the age of 18. Similar laws have been passed in Texas and other states imposing requirements on pornography companies, though the much broader reach of social media may make prohibitions more difficult to pass. Some reports have found that up to 95% of children have used social media, underscoring the influence and popularity it has on young people.Any passed law will likely face a myriad of legal challenges based on the rights of freedom of speech and the right to privacy. Supporters of the ban will likely have to overcome “strict scrutiny,” the highest standard of review courts impose on infringements to constitutional rights, meaning that the law will have to be narrowly tailored to achieve a compelling government interest. Similar cases from the past may shed some light on the ultimate constitutionality of a social media ban. In the early 2000’s the video game industry was targeted to prevent violent content from getting into the hands of minors. The Supreme Court ultimately struck down a California law restricting the sale of certain video games to minors without parent supervision for not meeting the strict scrutiny standard. See Brown v. Ent. Merchants Ass'n, 564 U.S. 786, 131 S. Ct. 2729, 180 L. Ed. 2d 708 (2011). While video games are extremely prevalent in society, the impacts of social media on a broader scope of issues, such as mental health, bullying, sex crimes, and data collection, rather than just violent content will likely lend support to proponents of a ban.If the bill fails to pass or is ever struck down, other avenues may still exist to regulate the harmful impacts of social media on minors. The Supreme Court has recently agreed to hear TikTok’s challenge of an impending ban which was passed by the U.S. Congress. This case will certainly shed light on the constitutionality of similar bans made at the state level. Other bills may target artificial intelligence and the use of children’s images and likeness to create deceptive and explicit content. Across the globe, Australia passed one the strictest national social media bans, prohibiting those under the age of 16 from using social media platforms.The upcoming Texas Legislative Session is bound to produce impactful laws in a variety of sectors. JCA Law will continue to remain informed about proposed and passed bills and is available to discuss how these may impact your industry.