Maybe you could make a case that elected legislatures have the kind of public legitimacy and wisdom to strike a proper balance between censorship and risk while using open public processes to draw on sophisticated input from many stakeholders. I don’t believe that, but you might.
But it’s thoroughly insane to think the proper way to resolve these issues is by way of a cash-driven litigation settlement negotiated behind closed doors to satisfy trial lawyers representing school districts, all propelled by the chance of billion-dollar awards should the cases someday get to a jury.
The irrationality doesn’t stop there. Even if you buy into the sweeping claims of psychological damage, it’s utterly bizarre to make the school districts here into the legal victims. Imagine the implications of giving public schools a go-ahead to recoup money from any outside actors they think made students more unmanageable and psychologically needy, from video games to so-called consumer culture to – let’s face it – parents.
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