• by Wendy Davis , Staff Writer @wendyndavis, August 21, 2024

Texas Attorney General Ken Paxton this week ranted against social media, asserting in legal papers that social platforms pose “obvious dangers” to young people, including that the platforms can “cause” eating disorders.

Paxton makes those claims in an effort to defend the Securing Children Online through Parental Empowerment Act (HB18), which requires social platforms to use filtering technology to screen out content deemed harmful by state lawmakers -- including material that facilitates eating disorders, self-harm, substance abuse, and “grooming ... or other sexual exploitation or abuse.”

The statute also requires social platforms to verify users' ages, and allow parents to access accounts of children under 18. Another provision prohibits social media companies from showing targeted ads -- including public service messages and informational ads -- to minors, without parental consent.

Paxton is asking U.S. District Court Judge Robert Pitman in Austin to reject a challenge to the law by the tech industry groups NetChoice and Computer & Communications Industry Association, which say the measure violates the First Amendment.

Those two groups “appear to think the Constitution leaves Texas powerless to defend its children -- or to empower parents to protect their children -- against the obvious dangers linked to social media use,” Paxton writes.

While Paxton makes several technical arguments, he also devotes a good deal of ink to simply attacking social media in general.

He writes that social media is “too good” at keeping people engaged. His proof? Napster founder Sean Parker, who later served as Facebook's first president, said so.

Speaking at an Axios conference in 2017, Parker described himself as “something of a conscientious objector" against social platforms, which he accused of  "exploiting a vulnerability in human psychology" to garner attention.

Paxton goes on to assert that social media use can cause eating disorders, referencing Facebook internal research concluding that the company makes body image “worse” for one in three teen girls.

But the National Eating Disorders Association says social media can “contribute” to an eating disorder, but doesn't generally cause one, according to The New York Times.

Facebook itself has said its research also found that most teen girls with body image issues reported that “Instagram either made it better or had no impact.”

Paxton also notes U.S. Surgeon General Vivek Murthy reported that “social media platforms can be sites for predatory behaviors and interactions with malicious actors who target children and adolescents.”

Murthy's report was actually more nuanced than Paxton suggests. The report says social media “may have benefits for some children and adolescents,” but could also pose a risk of harm, and concludes that more research is needed.

Key portions of the law will take effect September 1, unless blocked in court.