A Massachusetts court is hearing arguments in a lawsuit alleging that apps designed by Meta are addictive in children

BOSTON (AP) — Massachusetts’ highest court heard oral arguments Friday in the state’s lawsuit alleging that Meta designed features on Facebook and Instagram to make them addictive for young users.

The lawsuit, filed by Attorney General Andrea Campbell in 2024, alleges that Meta did so to make a profit and that its actions affected hundreds of thousands of Massachusetts teens who use social media platforms.

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“We are making claims based solely on the tools developed by Meta because its own research shows that they encourage addiction to the platform in many ways,” state attorney David Kravitz said, adding that the state’s claim has nothing to do with the company’s algorithms or failure to moderate content.

Meta said on Friday that she strongly disputes the allegations and is “confident that the evidence will demonstrate our long-standing commitment to supporting young people.” Her lawyer, Mark Mosier, argued in court that the lawsuit “would impose obligations on the performance of traditional publishing functions” and that her actions were protected by the First Amendment.

“The commonwealth would have a better chance of circumventing the First Amendment if they claimed the letter was false or fraudulent,” Mosier said. “But when they acknowledge that it’s true, that’s what puts it at the heart of the First Amendment.”

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However, many referees seem more interested in Meta functions like notifications than in the content on its platforms.

“I did not understand the allegations that Meta communicated false information in exchange for notifications, but she created an algorithm of constant notifications… designed to feed the fear of missing out that teenagers generally have,” Judge Delilah Wendlandt said. “This is the basis of the claim.”

Judge Scott Kafker challenged the idea that it was all about the decision to publish certain information by Meta.

“It’s not about how you publish, it’s about how you engage with the information,” he said. “It’s about how to attract eyeballs. He’s indifferent to the content, isn’t he. He doesn’t care if it’s Thomas Paine’s ‘Common Sense’ or nonsense. He’s entirely focused on getting you to look at it.”

Meta faces federal and state lawsuits alleging that it intentionally designed features — such as persistent notifications and the ability to scroll endlessly — that got kids addicted.

In 2023, 33 states filed a joint lawsuit against the Menlo Park, California-based tech giant, alleging that Meta routinely collects data on children under 13 without their parents’ consent, in violation of federal law. In addition, states, including Massachusetts, have filed their own lawsuits in state courts over addictive traits and other harms to children.

Press reports, first reported by the Wall Street Journal in the fall of 2021, found that the company was aware of the damage Instagram could cause to teens — especially teenage girls — when it comes to mental health and body image issues. One internal study indicated that 13.5% of teenage girls said Instagram makes thoughts of suicide worse, and 17% of teenage girls said it makes eating disorders worse.

Critics say Meta hasn’t done enough to address concerns about teen safety and mental health on its platforms. A report by former employee and whistleblower Arturo Bejar and four nonprofit groups this year said Meta chose not to take “real steps” to address safety concerns, “opting instead for cheery headlines about new tools for parents and teen Instagram accounts for underage users.”

Meta said the report misrepresented her efforts on teen safety.

Associated Press reporter Barbara Ortutay in Oakland, California, contributed to this report.