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5 | 5 | | CONCURRENT RESOLUTION |
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6 | 6 | | WHEREAS, Scores of experts have warned the U.S. Congress |
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7 | 7 | | about the pressing need to protect children and adolescents from |
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8 | 8 | | social media harms; and |
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9 | 9 | | WHEREAS, Over the course of five hearings, the Senate |
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10 | 10 | | Subcommittee on Consumer Protection, Product Safety, and Data |
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11 | 11 | | Security received abundant testimony about the severe impacts |
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12 | 12 | | social media platforms can have on brain development and mental |
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13 | 13 | | health; problems noted by experts include hazardous substance use, |
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14 | 14 | | eating disorders, bullying, anxiety, depression, and self-harm; |
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15 | 15 | | Meta whistleblower Frances Haugen provided a trove of the company's |
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16 | 16 | | internal research showing that its products have negative impacts |
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17 | 17 | | on children, especially teenage girls, and that the company |
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18 | 18 | | downplayed this troubling information and made but minimal efforts |
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19 | 19 | | to mitigate damage; she implored Congress to take action; and |
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20 | 20 | | WHEREAS, In a June 2022 letter, American Psychological |
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21 | 21 | | Association Services, Mental Health America, and more than 100 |
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22 | 22 | | other organizations told the U.S. Senate Committee on Commerce, |
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23 | 23 | | Science, and Transportation that the growing mental health crisis |
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24 | 24 | | among America's youth is exacerbated by social media platforms |
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25 | 25 | | designed in ways that increase exposure to harmful content and |
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26 | 26 | | encourage unhealthy patterns of use; adolescence involves |
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27 | 27 | | neurological changes that promote cravings for social attention, |
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28 | 28 | | feedback, and status, the letter stated, and young users can find it |
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29 | 29 | | difficult to abstain from social media, even when they recognize |
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30 | 30 | | that it is making them feel terrible about themselves; and |
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31 | 31 | | WHEREAS, The internet is a comparatively new form of media, |
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32 | 32 | | and during its short history, Congress has struggled to understand |
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33 | 33 | | the full breadth of its impact and determine how best to prevent |
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34 | 34 | | negative consequences; though it aimed to safeguard those under the |
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35 | 35 | | age of 13 with the passage of the Children's Online Privacy |
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36 | 36 | | Protection Act of 1998, Congress has yet to address the many issues |
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37 | 37 | | that have arisen in the intervening quarter century; and |
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38 | 38 | | WHEREAS, Crafting legislation to prevent children from |
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39 | 39 | | accessing harmful content has proven a particularly challenging |
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40 | 40 | | endeavor, given the need to accommodate First Amendment concerns; |
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41 | 41 | | laws targeting specific categories of speech based on content are |
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42 | 42 | | subject to the exacting "strict scrutiny" standard of judicial |
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43 | 43 | | review, and the courts have previously struck down as |
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44 | 44 | | unconstitutional statutes seeking to criminalize the provision of |
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45 | 45 | | harmful internet content to minors; however, federal case law does |
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46 | 46 | | recognize certain circumstances in which Congress may restrict |
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47 | 47 | | children's access to particular types of information, depending on |
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48 | 48 | | such factors as existence of a demonstrable harm and assurances |
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49 | 49 | | that any restriction does not encumber more constitutionally |
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50 | 50 | | protected speech than is necessary; and |
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51 | 51 | | WHEREAS, When social media platforms fail to take |
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52 | 52 | | responsibility for the harms they cause, it is incumbent upon |
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53 | 53 | | lawmakers to step in, and although balancing legal protections with |
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54 | 54 | | First Amendment considerations will require extreme delicacy, the |
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55 | 55 | | health, safety, and well-being of children and adolescents are too |
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56 | 56 | | important to leave to the vagaries of algorithms designed to |
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57 | 57 | | protect profits, not children; now, therefore, be it |
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58 | 58 | | RESOLVED, That the 88th Legislature of the State of Texas |
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59 | 59 | | hereby respectfully urge the United States Congress to pass |
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60 | 60 | | legislation to protect children from the harms of social media; |
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61 | 61 | | and, be it further |
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62 | 62 | | RESOLVED, That the Texas secretary of state forward official |
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63 | 63 | | copies of this resolution to the president of the United States, to |
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64 | 64 | | the speaker of the House of Representatives and the president of the |
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65 | 65 | | Senate of the United States Congress, and to all the members of the |
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66 | 66 | | Texas delegation to the Congress with the request that this |
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67 | 67 | | resolution be officially entered in the Congressional Record as a |
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68 | 68 | | memorial to the Congress of the United States of America. |
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