Erie School District vs. Big Tech? Approval given to explore lawsuit over social media use

The Erie School District is exploring whether to sue Facebook, TikTok and other tech giants over claims that student use of social media platforms has created costly problems in district schools.

The potential litigation would seek payments "for the nuisance and other damages caused to the School District by virtue of student use and misuse of social media," according to an agreement the Erie School Board approved over a possible lawsuit.

A suit would "look at the negative side effects of social media in the school environment," said the Erie School District's solicitor, Tim Wachter. He said the 10,000-student district would want the social media companies to compensate the district for money it has spent addressing issues related to social media when that "money could have gone to education."

The Erie School District is exploring whether to sue tech companies such as Meta, which includes Facebook and Instagram, over claims of how student use of social media has harmed its schools.
The Erie School District is exploring whether to sue tech companies such as Meta, which includes Facebook and Instagram, over claims of how student use of social media has harmed its schools.

The School Board unanimously signed off on the deal on a possible lawsuit at its regular meeting on Wednesday night. The agreement authorizes the Erie law firm of Knox, McLaughlin, Gornall & Sennett, which includes Wachter, to partner with the Frazer law firm, of Nashville, Tennessee, "in connection with potential litigation" against the tech companies.

The potential defendants, according to the agreement, include Meta Platforms Inc., which owns Facebook and Instagram; Snap Inc., which owns Snapchat; TikTok; and Alphabet Inc., the parent organization of Google, which owns YouTube.

Scores of states are already suing Meta

The Erie School District is considering a lawsuit at the same time that 33 states, including Pennsylvania, are suing Meta over claims that Facebook and Instagram violate consumer protection laws by subjecting young users to "harmful, manipulative and addictive content," the Pennsylvania Attorney General's Office said in announcing that it was part of the lawsuit, filed Oct. 24 in U.S. District Court for the Northern District of California.

The suit claims, among other things, that "Meta specifically targets young users" and that "Meta prioritizes maximizing engagement over young users' safety."

Meta is seeking a dismissal of the case, which is before U.S. District Judge Yvonne Gonzalez Rogers, in Oakland. In a statement issued when the suit was filed, Meta said it shares the "commitment to providing teens with safe, positive experiences online, and have already introduced over 30 tools to support teens and their families," according to USA Today.

“We’re disappointed that instead of working productively with companies across the industry to create clear, age-appropriate standards for the many apps teens use, the attorneys general have chosen this path,” Meta also said.

Possible litigation resembles district's case against Juul

The Erie School District's exploration of a lawsuit against big tech echoes a strategy it pursued against Juul Labs Inc., the nation's largest electronic cigarette company.

With Erie School Board approval in 2021, the Erie School District joined thousands of of other school districts, as well as municipalities and states, in suing Juul.

The plaintiffs claimed Juul wrongfully marketed its products to youth, spurring a vaping epidemic among students, harming their health and adding to the costs of the school districts and other government entities.

Juul settled the Erie School District's claims for $239,171 a year ago. About $99,000 of the settlement proceeds went toward legal fees and costs, according to district records. The settlement agreement requires the district to use the rest of the money for public health initiatives and related measures.

The Knox firm partnered with the Frazer law firm on the Juul case. The two firms are once again deciding whether to sue big businesses — this time, Big Tech.

"It's very similar to what we did in the Juul case," Wachter said.

Contact Ed Palattella at epalattella@timesnews.com or 814-870-1813. Follow him on X @ETNpalattella.

This article originally appeared on Erie Times-News: Erie School District mulls suit over social media's 'negative' effects