Episode Transcript
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0:00
Over the last couple years especially it
0:02
seems like a lot of people and
0:04
a lot of the public has really noticed
0:07
that governments are noticing
0:09
and really taking inventory
0:12
of their online activity and conversations
0:14
and using legislation to solve some
0:16
of the issues with this. Recently
0:19
in Florida that's the latest state to try
0:21
to solve what a lot
0:23
of people have concerns about. Miners accessing
0:26
social media, kids under 14 years old
0:29
and this is what it looked like in the news. Check it out. Okay. Social
0:31
media showdown in Florida. It is
0:34
being called one of the most
0:36
restrictive social media bans in the
0:38
country. Governor Ron DeSantis has signed
0:40
House Bill 3 into law banning
0:42
children under 14 from having social
0:44
media accounts on platforms considered to
0:47
have addictive qualities. It
0:49
also mandates that social media platforms search
0:51
for and remove the profiles of kids
0:53
who don't meet the age requirement. Being
0:55
buried in those devices all day is
0:57
not the best way to to grow
0:59
up and you know there's dangers out
1:01
there. Unfortunately we've got predators who prey
1:03
on young kids. They know how to
1:05
get and manipulate these different
1:08
platforms. It's created huge problems. This
1:10
law does not ban specific websites.
1:12
Instead it zeros in on features
1:14
that are considered addictive like infinite
1:16
scrolling and autoplay videos. What is
1:18
still unclear though is just where
1:21
this law stands. The trade
1:23
group Net Choice which represents several major
1:25
social media giants slammed the move as
1:27
unconstitutional saying it violates the First Amendment,
1:29
the equal protection clause of the 14th
1:31
Amendment and federal law. It's completely stripping
1:34
away parental choice for anybody who has
1:36
a child under 14. Proponents
1:38
have argued that access to social
1:40
media is harmful to children's mental
1:43
health. There's no bill powerful enough
1:45
to keep these kids from social
1:47
media. It's not possible. This
1:53
is another one of those Jeffrey we were just
1:55
talking about TikTok last week right like the sort
1:57
of Chinese influence a law being written to you
2:00
know, take TikTok away, but this
2:02
is different. This isn't, you know, Ron
2:04
DeSantis in Florida doesn't seem to care
2:07
who's behind making the app. This is
2:09
just straight up about the
2:12
danger to youth and we have sort
2:14
of, you know, shall I
2:16
say the mommy state? I mean, I
2:18
find this interesting because so often conservatives
2:20
call where the government steps in to
2:23
take care of like household issues as,
2:25
you know, being the nanny or mommy
2:27
state. But in this one,
2:29
it's, it's, it's, it bowls it right down the middle,
2:31
but it's about the kids' health. So tell me what this
2:33
is about. Yeah, it's certainly an
2:35
interesting conversation. So Utah was the first state to
2:37
really step into this space in 2023. This
2:40
was the headline here when they did that.
2:42
Utah governor signs laws curbing social media use
2:44
for minors. You go into that and basically
2:46
the laws required all users to submit age
2:48
verification before opening an account. And for those
2:50
laws, it was minors under age 18. They
2:53
need to seek parental permission for this.
2:55
So right now we have Arkansas, Ohio,
2:57
Utah, and now Florida. They've banned
2:59
minors from accessing
3:02
these accounts on social media. But you
3:04
saw their net choice, the trade organization,
3:06
that clip there that represents organizations
3:08
like Meta. They're part of that.
3:11
Google, Yahoo. They have sued and
3:13
won injunctions in Arkansas and Ohio.
3:15
So it stayed those laws. They're
3:18
expecting, Florida is expecting a legal fight really fast
3:20
on this one, but it doesn't go into effect
3:23
until January 2025 in Florida. That's
3:25
Hb3. So it's got a
3:27
ways to go yet. But as it said in
3:29
the clip there, the news reporting, all
3:32
kids under 14, these social media companies
3:34
have to immediately eliminate their accounts. So
3:36
they don't even get a choice there.
3:40
14 and 15 year olds, they need parental
3:42
consent for that. And if anybody asks for
3:44
that to take be taken down, if the
3:46
parents or the kids ask for these accounts
3:48
to be shut down, if the companies don't
3:51
act, they can actually be sued personally by
3:53
these kids. Well, talking about some pretty happy
3:55
fines. So I think what's interesting
3:57
in this conversation, because you and I, we
3:59
cover. a lot of medical choice
4:01
conversations, one of them is the
4:03
minor consent to vaccination, often without
4:05
parental choice. We've seen a rush
4:08
of legislators over the last several
4:10
years gleefully trying to push
4:12
these bills, saying this would help public health.
4:14
But when you start reading into this
4:16
conversation about minors in social media, we
4:18
see something like this. This
4:21
is an associated post reporting on DeSantis's law
4:23
here. And you go into the post and
4:25
it says, quote, this bill goes too far
4:28
in taking away parents' rights, Democratic Rep.
4:30
Anna Eskamani said in a news release.
4:32
So you have this dichotomy of
4:35
a little bit, almost hypocrisy if you
4:37
want to call it that, like a
4:39
shot with no side effects, no liability,
4:41
all the things we've covered on the
4:43
show before. That's fine. But
4:46
a TikTok video streaming account,
4:48
we've pumped the brakes. We really need
4:51
to give these kids and the parents the power here. Yeah,
4:54
I mean, it really, but,
4:58
you know, I think you're making the argument that I
5:00
suppose that we, you know, I'm trying to think where
5:02
I actually land on this, but you're right. Does
5:04
a child have the ability to decide
5:07
for themselves what's good for them? You
5:09
know, and I think about, you know,
5:11
sure, we want strong parenting in homes,
5:13
parents should be making decisions. But how
5:16
many families where both parents were maybe
5:18
single family homes are, you
5:20
know, out at work or coming home late
5:22
and the child, you know, is with a
5:24
babysitter or child is maybe even at home
5:26
or, you know, how many times? I
5:28
guess here's the question, right? If I want, if
5:30
I'm with them and I'm having a conversation with
5:33
an adult, which we all do, you know, at
5:35
a restaurant, I just want to hand the iPad
5:37
over and say, check out some social media. Do
5:40
I not? I guess in this case, in
5:42
some of these cases, I don't even have
5:45
that right to hand it off to my
5:47
kid and say, here, go ahead and do
5:49
this. So this is where, like, again, it's
5:51
these slippery slopes. We look at our our
5:54
rights. Right. And, you know, as they
5:56
say, the camel's nose under the tent. We really
5:58
want government involved in these conversations. And it's
6:00
an open question at this point. It seems
6:02
like it's going forward, so we're reporting on
6:04
it. But this conversation really started to unravel
6:07
during COVID. And a lot of people missed
6:09
it in the headlines. But there was some
6:11
whistleblowers. There were some internal documents from Meta,
6:13
formerly known as Facebook, that were released to
6:15
the Wall Street Journal. And they
6:17
actually did an expose, several articles on this. Here's
6:19
one of them in 2021. Facebook knows
6:22
Instagram is toxic for teen girls, company
6:24
documents show. And you go in here,
6:26
and it talks about this. Meta actually
6:29
commissioned several studies and presented these results
6:31
internally to the company. It
6:33
says, 32% of teen girls said that when
6:35
they felt bad about their bodies, Instagram made
6:37
them feel worse. The researchers said in a
6:39
March 2020 slide presentation posted
6:41
to Facebook's internal message board, we
6:43
make body image issues worse for
6:45
one in three girls, said one
6:47
slide in 2019, summarizing research about teen
6:50
girls who experienced the issues. Goes on
6:52
to say that if teens blame Instagram
6:54
for increases in the rate of anxiety
6:56
and depression, said another slide,
6:58
this reaction was unprompted and consistent across all
7:00
groups. That's a big problem for them. But
7:02
here's an even bigger problem. Among teens who
7:04
reported suicidal thoughts, 13% of British users and
7:06
6% of American users trace
7:10
the desire to kill themselves to
7:12
Instagram one presentation show. And
7:15
so in summary, this is the issue
7:17
they deal with, because they had a lot,
7:19
the reason they're doing this is because they're
7:22
losing a lot of people signing up
7:24
for Facebook. They're calling them aging out.
7:27
So they're going out to the younger crowd
7:29
and they're saying, well, can we really do
7:31
this? And it says, social comparison is worse
7:33
on Instagram. This is the problem they had.
7:35
States Facebook deep dive into teen girl body
7:38
image issues in 2020, noting
7:40
that TikTok, a short video app
7:42
is grounded in performance, while users
7:44
on Snapchat, Arrival Photo and video
7:46
sharing app are sheltered by jokey
7:48
filters that keep the focus on
7:50
the face. In contrast, Instagram focuses
7:52
heavily on the body and lifestyle. So that's
7:54
where you're getting what they're saying as a
7:56
lot of these mental health issues and these
7:58
affairs issues. These were internal memos
8:01
where they all sat around, said, I don't
8:03
know, what do you think? We're driving one
8:05
in three girls into anxiety and
8:07
depression and roughly 6% of Americans
8:10
and 13% of
8:13
girls in England are blaming
8:16
their suicidal thoughts on our progress. So we
8:18
go forward with it. Should we continue to
8:20
push forward and promote it to these children?
8:24
All in favor, aye, aye, aye, aye, aye, aye, aye, aye, aye, aye, aye, aye,
8:26
aye, aye, aye, aye,
9:28
aye, aye, aye, aye, aye, aye, aye, aye, aye, aye, aye, aye, aye,
9:30
aye, aye, aye, aye. Com
9:35
steer the aye,
9:43
aye, aye, aye, aye. Meta
10:00
received over 402,000 reports of under
10:02
13 users on Instagram, but that
10:04
164,000, far fewer
10:07
than half of the reported accounts were, quote,
10:09
disabled for potentially being under the age of
10:11
13 that year. The
10:14
complaint noted that at times, Meta
10:16
had a backlog of up to
10:18
2.5 million accounts of younger children
10:20
awaiting action. So they
10:23
can use that excuse in saying, well,
10:25
we have all these users and we
10:28
have a little bit of a backlog, so we're just going to keep
10:30
them on for now. So it obviously
10:32
works in their favor according to the
10:34
lawsuit. But the challenge they have, and
10:36
this goes on in this article to
10:38
kind of explain this just to give
10:40
voice to the other side. It says,
10:43
with respect to barring younger users from
10:45
the service, Meta argued age verification is
10:47
a, quote, complex industrial challenge. Instead, Meta
10:49
said it favors shifting the burden of
10:51
policing underage usage to app stores and
10:53
parents like Google and Apple, specifically by
10:56
supporting federal legislation that would require app
10:58
stores to obtain parental approval whenever use
11:00
under 16 download the app. So they're
11:02
saying it's a complex industry challenge, age
11:04
verification. However, looking
11:07
at this, this conversation has a lot
11:09
of tails on it. So just putting
11:11
this other angle on this here, there's
11:13
another conversation going on here. It's
11:16
represented in this headline. Kansas moves to
11:18
join Texas and other states are requiring
11:20
porn sites to verify people's ages. So
11:22
age verification is going on. And
11:25
so Louisiana was the prime mover in this
11:27
space with this law taking effect at the
11:29
start of this year. But we
11:31
have about eight other states that are
11:33
going this direction as well for age
11:35
verification. And of those states,
11:37
I mean, most of them, seven of
11:40
the eight are Republican states. And
11:42
there's 20 other states that are looking into
11:44
introducing legislation here. But a lot of the
11:46
big companies are just cutting access completely off
11:48
in these states because they don't even want
11:50
to try to comply with the law because
11:52
of the penalties here of trying to get
11:54
age verification. Because if any kid is signed
11:56
onto that and is found out, they're talking
11:58
every day they're fine. tens of thousands of
12:01
dollars. So a lot of these companies are just going,
12:03
we're done in Texas, we're done in
12:05
Kansas. You know,
12:08
this is such an interesting topic. And as
12:10
we were discussing it earlier before the show,
12:12
it's one of those that I'd be really
12:14
curious for people, especially in our audience land,
12:16
but we put up a Twitter poll just
12:19
a couple of hours ago this morning. And
12:21
we asked this, in your opinion, does
12:23
the First Amendment protect a minor's right
12:25
to all content content
12:27
on the internet? Yes or
12:30
no. Right now, 85% of those,
12:32
I guess we have almost 1,400 votes, 85%
12:36
are saying that the First Amendment does not
12:38
protect a minor's rights. I would love it
12:40
if everyone in the audience would weigh in
12:42
right now on Twitter at
12:44
Highwire Talk and please share it. I
12:47
mean, I'm curious. What
12:49
does it look like when just our audience is weighing in
12:51
over the next hour or so? But then what does it
12:53
look like if you share it with all your friends? Does
12:56
it change? Are we all in
12:58
this together? Do we believe that a parent
13:00
really is in a position to be deciding
13:02
what is right for their children? If so,
13:04
does that mean that that child doesn't have
13:06
their own First Amendment rights? Certainly a
13:09
very important question as we move forward
13:12
in this modern world. So if
13:14
you want to get involved, go to Twitter right
13:16
now at Highwire Talk. I'd love to see your
13:18
perspective on that. We're going to do a lot
13:21
more of this. I want to start interacting with
13:23
you out there in the audience to see what
13:25
does our audience actually think about some of these
13:27
conversations that we're having. Super interesting, Jeffrey. Another one
13:29
is that, sort of bowls
13:31
down the middle. It fights both spaces, right? Do
13:33
we want the government getting involved in our lives
13:36
and protecting us inside of our houses or
13:38
not? Is it black and white? It seems more
13:41
and more I'm finding myself in a gray area,
13:43
which isn't very comfortable for me.
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