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“I don’t put, exactly, full faith into it,” said Corum, a junior, as she stood outside the Supreme Court after a recent tour of the building with her classmates. “But there’s not much personally I can do.”
In the coming months, the Supreme Court will decide a series of blockbuster cases that could significantly transform the lives of the nation’s teenagers — potentiallylimiting access to vaping products, upholding a ban on transgender care for minors and deciding whether thecontroversial TikTok lawcan be squared with the First Amendment.
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“It does feel like the biggest cases are ones that will directly implicate children’s interests,” said Aaron Tang, a law professor at the University of California, Davis, who specializes in education law. “I don’t think we should be surprised that more and more cases are going to get to the court directly implicating young people when so many state and local lawmakers are legislating with morality and young people on their minds.”
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Pediatricians andother experts have for years warnedabout the potential harms of social media for teenagers, but it was national security — not social science — that ostensibly prompted Congress to approve the TikTok ban. Because of that, the questions now pending at the Supreme Court don’t deal with how young people interact with the app, even though they will be most affected by the court’s decision.
“The court, I don’t think, is thinking of this in terms of children,” said Leslie Y. Garfield Tenzer, a law professor at Pace University who focuses on social media.
“We all think of TikTok as being essential to teens and content creation — andAriana Grande doing the ‘Wicked’dance and everyone mimicking it — but the reason that the ban is in place is not because of that type of content,” Tenzer said. “It’s because of the fear that the People’s Republic of China can manipulate us.”
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“So why isn’t this simply a case of age classification when it comes to these treatments as opposed to a ban?” Thomas asked the attorney for the Biden administration.
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“Texas seeks to protect kids from some of the most prurient sexual content imaginable,” attorneys for the state wrote in court papers. “Texas has addressed only websites dedicated to pornography, has allowed them to comply by using common age-verification technology, and has not imposed criminal penalties. Such a modest but important law satisfies any level of scrutiny.”
Because of the way lawsuits move through the federal judiciary, the Supreme Court is limited in how it frames its cases and who is heard. While the justices did not grant a separate appeal from the transgender minors and their families affected by Tennessee’s ban, the court did allow their attorney to present arguments earlier this month.
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“The court isn’t directly evaluating what it thinks will be best for young people,” Tang said. “The court is evaluating whether state lawmakers — or the FDA, in the vaping case — were correct in their assessment of what would be best for young people.”
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“What we have heard from them is an increase in distrust and an increase in disillusionment with government institutions,” said Diana Thu-Thao Rhodes, a vice president at Advocates for Youth, a reproductive and sexual rights organization.
“The impact is directly on young people,” she said, “and yet we don’t necessarily hear the voices of young people.”
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