Albuquerque Journal

Social media lawsuits can bring about social change

- Judge Daniel E. Ramczyk Judge Daniel Ramczyk is a judge of the Second Judicial District Court. Opinions expressed here are solely those of the judge individual­ly and not those of the court.

It is truly remarkable how a civil lawsuit filed by an individual or entity in Anytown, USA, has the potential for bringing about significan­t and sweeping social change. For example, currently there is pending litigation that has the potential for changing the social media network as people now know and use it.

Recently, hundreds of families around the country began filing individual lawsuits against social media giants over what they claimed was harm caused to their children by social media sites. Then, Seattle’s public school district joined the fray, filing a public nuisance lawsuit alleging Facebook, TikTok, Instagram, Snapchat, YouTube and Google deliberate­ly addicted children to their platforms. The school district went on to allege these social media sites dispersed inappropri­ate content that resulted in harms to children, including anxiety, depression, eating disorders and cyber bullying, to name only a few.

These lawsuits could become very large-scale, resulting in mass-tort litigation, according to a Feb. 27 article in Courthouse News Service, “Social media’s harm to kids: The next blockbuste­r lawsuit?” The article compares these social media lawsuits to tobacco and opioid litigation; litigation that brought about massive changes in how tobacco and opioids are marketed, sold and otherwise dispensed.

There is a related case before the United States Supreme Court involving legal immunity for social media sites. A family in California sued Google and YouTube for allegedly aiding and abetting an act of internatio­nal terrorism. Their 23-yearold daughter was killed while dining out in Paris in November 2015 when Islamic State terrorists fired into the restaurant. The family alleged that Google and YouTube allowed ISIS to post hundreds of radicalizi­ng videos, which then allegedly incited the violence which killed their daughter.

The issue is whether a legal shield erected by Congress in 1996, known as Section 230, should be “pierced” — essentiall­y modified or done away with. Presently, under federal law a social media site “may not be treated as the publisher or speaker of any informatio­n provided by another informatio­n content provider.” And now that legal shield is being challenged. Depending on how the U.S. Supreme Court decides, there is the possibilit­y of very massive changes to the type and actual content of informatio­n made available on social media networks going forward.

The power of the civil lawsuit has not only flexed its muscle in terms of how the internet may operate in the future. Civil lawsuits have shaped significan­t societal changes and policies in the areas of consumer product safety, employment, education, the environmen­t and civil rights, just to name only a very few.

Some lawsuits begin with a single individual claiming a harm and seeking damages. Where there are similarly situated individual­s, such a lawsuit can morph into a class-action lawsuit, another powerful tool in bringing about changes that affect society. Or the individual’s lawsuit may motivate other individual­s to file similar lawsuits in jurisdicti­ons around our country, creating the mass-tort litigation effect mentioned in the Courthouse Services News article previously mentioned.

As a general rule, most civil lawsuits are settled by the parties, and some are dismissed by trial courts on the undisputed facts and/or law. But some lawsuits go the distance and end up in our appellate court system, sometimes all the way up to the U.S. Supreme Court. It is in these appellate court cases where significan­t social policy is crafted.

Lest some people be concerned by the possibilit­y of unfettered judiciary-making policies, there are checks and balances in place. The legislativ­e branches of government, both at a federal and state level, can, and have, responded to judicially created policies by enacting preemptive, and sometimes complement­ary, legislatio­n. It is very possible, for example, that both state legislatur­es and our federal Congress may address the very issues currently being litigated in the lawsuits against social media platforms.

In the final analysis, however, no one should ever doubt the power of a civil lawsuit in America. Its capacity for bringing about, or at least initiating, significan­t changes in our everyday lives has been demonstrat­ed time and time again.

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