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University of Miami Business Law Review

Document Type

Notes and Comments

Abstract

The foe we did not know, the stranger that stole the show. Social media once presented itself as a friendly way to connect with loved ones through shared pictures and catchy captions. Yet, it has since shown its true colors; intentionally addicting its users—for its own financial benefit—and showing no remorse doing so.

Entranced, users set off on a digital journey, veering down paths they never imagined . . . Today, children as young as eight years old are exposed to extremely harmful content such as medically unsupported dieting techniques, substance abuse, and dangerous, life-threatening social media “trends,” all of which fuel a mental health crisis of unprecedented proportions. Social media is no longer as friendly as it once seemed; addictive algorithms now drive the user experience, leaving the user with hardly any control over their content.

This Note explores the intersection of social media, addictive algorithms, and state regulation, arguing that states have both the authority and a compelling interest to regulate these harmful practices. The Note begins by diving into social media’s history and its role in inflicting unimaginable harms on youth. This backdrop informs the discussion of why a war has been waged, introducing the conflicting interests between social media platforms’ commercial goals and states’ duty to protect public health. To understand which side has merit, this Note analyzes whether addictive algorithms are protected by the First Amendment and regulable by states. Finally, the Note considers the scope of the problem and identifies potential solutions that can be employed to regulate these companies and mitigate the harm caused by addictive algorithms.

Ultimately, this Note argues that addictive algorithms—addictive by design—do not constitute expressive speech under the First Amendment. Their autonomous nature, devoid of editorial purpose, renders them regulable by states, particularly in the face of a growing youth mental health crisis that demands urgent intervention.

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