[danielfoster]

This is an interesting point. I agree with you that TikTok clearly knows what is going on and could disable accesss during school hours if they wanted to. Although not exactly a parallel, there are already laws protecting children from tobacco advertising near schools.

I wrote a similar comment below. This will still be a very difficult case to win. No one ever went after Nintendo even though they knew their devices were being used during class time. AT&T can also see teens texting in class but also do not have a legal responsibility to prevent this. Parents already have a tool-- parental controls-- to prevent social media use during school hours.

If the plaintiff can show that social media companies went out of their way to specifically target children during school hours (versus any other time of the day), there might be a stronger case. But ultimately the courts will not write new laws. This is the job of the legislature. Definitely write your congressperson.