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Brigham Young University Prelaw Review

Keywords

Section 230, TikTok, Montana's TikTok Ban, Communications Decency Act, Social Media, Addiction, Mental Health, Mental Integrity, Child Protection, Age Verification, Content Moderation, Content Liability, First Amendment

Abstract

The influence of social media platforms, particularly TikTok, on the mental health and well-being of adolescents has become a matter of increasing concern. This paper examines the constitutionality of Montana's proposed ban on TikTok, arguing that while well-intentioned, such a ban would infringe upon citizens' First Amendment rights. Instead, the focus should be on addressing the underlying issues of data collection practices and content moderation. The paper proposes federal legislative solutions, including age verification requirements and amendments to Section 230 of the Communications Decency Act to hold social media platforms accountable for harmful content. By addressing these issues, policymakers can better protect vulnerable children from the detrimental effects of social media while upholding constitutional principles.

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