Recent litigation against major social media platforms may mark a meaningful shift in how courts, and potentially regulators, approach protecting kids online.
As highlighted in this Law360 article, juries in California and New Mexico recently found Meta and Google liable for harms tied to the design of their platforms, including features alleged to contribute to addiction and negatively impact youth mental health. These decisions signal that claims focused on platform design, rather than content, are gaining traction.
The rulings also come at a time when legislative efforts to regulate social media continue to face First Amendment challenges, suggesting that litigation may play an increasingly important role in shaping the path forward. Davis+Gilbert partner Allison Fitzpatrick, who focuses on digital media and regularly advises on children’s online privacy and marketing compliance, was quoted in Law360 on this shift. Allison noted that these cases reflect a growing ability for plaintiffs and regulators to pursue claims without being blocked by constitutional defenses.
Allison has been closely tracking these developments, pointing to the verdicts as a “wake-up call” for platforms to reassess whether current design practices adequately protect children and teens online. As courts, regulators and lawmakers continue to grapple with these issues, companies should expect increased scrutiny of product design, data practices and youth-facing features.