MOST VISITED LINKS
A major legal battle over social media and its effect on children is underway right here in Nashville.
Tennessee Attorney General Jonathan Skrmetti is taking on Meta, the parent company of Facebook and Instagram, over allegations that the company designed Instagram in ways that encouraged children and teenagers to spend excessive amounts of time on the platform.
After a week of jury selection, opening statements began in Nashville on July 27. Attorney General Skrmetti personally participated in presenting Tennessee’s case to the jury.
At the center of the case is a question that many Tennessee parents may find important: What responsibility does a social media company have if it knows features of its product may encourage compulsive use by children?
Tennessee filed its lawsuit against Meta in 2023. The State alleges that Meta knew Instagram could negatively affect young users but failed to adequately warn parents and the public about those risks.
During opening statements, the State described Meta’s business model using four words: “hook, hold, harvest and hide.”
The State’s lawyers argue that Meta designed Instagram to hook users, hold their attention for as long as possible, harvest information about them and then hide or minimize what the company knew about potential harms.
The allegations focus in part on familiar features such as infinite scrolling, notifications, recommendation algorithms and “likes.” The State contends that these features were not simply added by accident. Rather, Tennessee alleges they were deliberately designed to keep people engaged and returning to the platform.
That distinction could be particularly important when the users involved are children.
Meta strongly disputes the State’s claims.
The company’s lawyers argue that Tennessee is taking internal studies, statements, and data out of context. Meta maintains that its platforms were designed to be engaging, not addictive, and says it has invested heavily in safety measures and tools intended to protect young users.
The Nashville jury will ultimately have to decide which version of the evidence it finds more convincing.
The trial is expected to last several weeks and could provide the public with a closer look at Meta’s internal research and what the company knew about the experiences of children and teenagers using Instagram.
Although the trial is taking place in Nashville, Tennessee is far from alone in challenging Meta.
Tennessee joined a nationwide effort involving attorneys general from 42 states and the District of Columbia that brought legal actions against the company beginning in 2023.
The coalition is unusual because it crosses political lines. Republican and Democratic attorneys general have both raised concerns about how social media platforms are designed and how those platforms may affect children.
Other cases against Meta are also moving through courts around the country. Earlier this year, a New Mexico jury found Meta liable in a separate case involving the protection of young users. A judge later ordered the company to pay hundreds of millions of dollars and implement additional safety measures.
Meta disputes the New Mexico rulings and has said it will appeal.
Parents unquestionably have an important role in monitoring their children’s social media use. But Tennessee’s lawsuit raises a different question.
Parents do not design Instagram’s algorithms. They don’t determine when notifications appear, what content is recommended next or how an endless feed is constructed to keep someone scrolling.
Social media companies make those decisions.
Tennessee’s case asks whether a company should bear responsibility if it knew that aspects of its product design could encourage compulsive use among children and failed to adequately address or disclose those risks.
That is now a question for a Nashville jury.
At Ponce Law, we are following the Tennessee trial closely. We are also currently investigating potential claims involving young people who became addicted to social media while they were minors and suffered significant harm.
Not every child who spends a great deal of time on social media will have a legal claim. These cases depend on the individual circumstances and the nature of the harm involved.
However, if your child or another young person in your family developed serious, compulsive social media use while still a minor and suffered emotional, psychological, or physical harm, we encourage you to contact our office. We can review what happened and help determine whether there may be a potential claim.
