It’s not just Congress. As I wrote last week in The Wall Street Journal, states are taking on social media’s grip on teenagers, too.
Officials in New York are pushing to restrict the algorithms that power a platform’s feed, making it the latest state to attempt to rein in the big tech companies in the wake of federal inaction.
Other states have hit legal roadblocks by attempting to shield children from specific types of content or restrict minors from signing up for accounts. If New York is successful, proponents say it would offer other states a legal pathway to pursue.
The NY proposal would prohibit social-media companies from serving content to minors in the state using algorithms—unless apps such as Instagram and TikTok first obtain parental consent. They are also backing restrictions on when apps can send notifications to teen users and what companies can do with data collected from minors.
The Democratic governor said the measure would make social media less addictive, adding that heavy usage by teens has contributed to higher instances of mental illness. Industry groups have raised questions about the constitutionality of the proposal and said media literacy would have a more immediate impact.
While there have been high-profile hearings, no federal bills have been enacted and instead several states have passed various laws regulating social media. Tech companies have, so far, been successful in blocking those state efforts by citing the First Amendment’s free-speech protections.
Andrew Gounardes, a 38-year-old state senator who sponsors the New York measure, said it would wind back the clock on social media to the days when he first signed up in college. A user could select any source they wish, and content would be presented in chronological order.
“If you want to follow the Taylor Swift fan page, that’s great,” he said. “What we don’t want is where you click on one thing, and in 15 minutes be shown self-harm videos.”
He said the New York bill may survive legal scrutiny thanks to a key difference from other state proposals: It limits a delivery mechanism rather than regulating content itself.
G.S. Hans, a Cornell Law School professor and associate director of the school’s First Amendment clinic, said the New York proposal could still present constitutional concerns.
“Even a law that doesn’t touch content but talks about how you arrange, present and prioritize content is going to face this question,” he said.
RHAPSODY CENTURY: Last night I heard the Albany Symphony Orchestra perform George Gershwin’s Rhapsody in Blue along with pianist Kevin Cole. It was a lovely concert, which also included Cole playing other Gershwin medleys on the piano and the orchestra performing An American in Paris, another Gershwin master work.
Conductor David Alan Miller kept a brisk pace that I thought gave energy to both pieces. At the same time, he also didn’t gloss over some of the more dramatic swells, which the orchestra brightly delivered.
According to a 2018 profile in the Albany Times Union, Cole is a man “so knowledgeable about Gershwin, so adept at rendering Gershwin's piano works and bringing his genius to life, that he might as well be Gershwin 2.0.” This is the 100th anniversary of the first performance of Rhapsody in Blue, and Cole reviewed original manuscripts to prepare a more energetic version of the piece. There were a few extra bars in the piano solos that made me smile, too.
THE QUESTION: Facebook started on college campuses. Which one was first?
Know the answer? Drop me a line at jimmy.vielkind@gmail.com. Or just write with thoughts, feedback or to say hi.
THE LAST ANSWER: The Detroit Lions have never made a Super Bowl appearance. When I asked the question two weeks ago, I was really hoping that the Lions would best the 49ers in the NFC championship game. Instead, tonight’s match is pits San Francisco against the team that Tay Tay roots for, which beat Buffalo, and has the scowling-mustache-guy as its coach.