Texas is poised to become the second state to enact an across-the-board ban on social media for minors before its state legislative session ends in a little over a week. Advocates on both sides of the issue have said the bill would be the strictest state-level regulation yet on social media platforms if enacted. And it comes as other states across the country are considering similar restrictions amid fierce debates over free speech and whether these sorts of policies are the most effective way to achieve supporters’ primary goal: improving young Americans’ mental health.
If enacted, Texas’ bill would put in place vast new restrictions that explicitly bar every Texas resident under 18 years old from signing up for and using “a social media platform.”
The legislation would require all social media platforms to verify the age of all people setting up an account. It would allow parents to request that the platforms delete their child’s social media account — and require the companies to do so as well within 10 days. Violations are defined in the bill as “deceptive trade practices,” meaning that they would be both punishable with fines from the state’s attorney general and subject to lawsuits for financial damages.
The Texas House has passed the bill and the state Senate is expected to as well. Andrew Mahaleris, a spokesperson for Gov. Gregg Abbott, a Republican, said that “safety and online privacy for Texas children remain a priority” for Abbott and that he would “thoughtfully review any legislation sent to his desk that seeks to accomplish these goals.”
Such laws have run into major legal challenges by groups contending that such restrictions amount to free speech violations. And even many high-profile supporters of social media restrictions for minors say that bans for young people may not be the ideal policy solution.
“Something needs to be done,” said Dr. Mitch Prinstein, chief of psychology strategy and integration for the American Psychological Association (APA). “These are things that we know don’t fit with the adolescent brain — things like endless scroll and ‘like counts.’”
“But an age ban — that’s like delaying the age of driving but not having any driver’s ed,” Prinstein added. “Why just delay the age and then send kids out for slaughter later?”
The APA has repeatedly urged legislators to be more aggressive in trying to protect adolescents’ mental health, but have advocated for policies more tailored than age restrictions.