January 15, 2025 • 6 mins
Attorney General Mike Hilgers joins us to talk about these bills
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Hey, good morning, Gary. Great to be with you to back.
Speaker 2 (00:02):
Good to have you on you and the governor backing
four bills that you guys announced yesterday that are all
related to online safety for our kids in Nebraska. And
one of them has received a fair amount of pub
because some other states are doing this, and school boards
are doing this around the country here and there. But
(00:24):
one of them, and that one is the one that
would require well, correct me if I'm wrong, but it
would require school districts to have a plan in place
regarding the use of cell phones during the school day.
Is that right?
Speaker 1 (00:38):
Yeah, that's basically right, Gary. It would provide a little
bit more guidance to the school districts, not just to
have a policy, but an RBUW of policy that would
be effective. In other words, a policy that would generally
would disallow the use or the possession of phone during
the school day, obviously with some reasonable exceptions. But no,
that is the purpose and goal, we know, Gary, But
(01:01):
we know there's a mental health crisis going on right
now for adults, by the way, and kids. But we
know especially to children. I think the data is clear
at this point that that part of the thing that
is driving the mental health crisis for young people, especially
young girls. The social media use and cell phone use
smarkphone use, and one of the most important policy, most
impactful policy prescriptions that we could put in place would
(01:24):
be to get phones out of kid's hands during the
school day.
Speaker 2 (01:27):
Right. One of the other ones, and the one that
really caught my eye, is called the Age Appropriate Online
Design Code Act, and Senator Boson will be introducing this.
One part of the language here in the in the
release about the bill is that the bit would require
social media and other online services to include design features
(01:51):
that prevent compulsive usage of the product, severe psychological harms
such as anxiety and depression, severe emotional harm, identity that done,
privacy violations. And Mike, the thing that I wonder about,
you're talking about some of the biggest businesses in this country,
these social media operators. How can that possibly be enforced
(02:13):
or what if it's if it's passed in Nebraska, would
that basically force these companies to say, Okay, we're not
going to operate in Nebraska because we can't do this.
Speaker 1 (02:24):
Well before I frame the problem, Gary, I think that's
highly unlikely. If the bill passes, these these companies want
to operate in Nebraska just like they want to operate
anywhere else. And I think if Nebraska passes the bill
will be on the cutting edge of reform, and I
think other states, maybe even the federal government will follow.
But take a step back, just to frame the problem. Sure,
we outline this all in our TikTok complaint, which by
(02:46):
the way, we want a major core victory last Friday
defeating TikTok's motion to the Smith. But what we found
is that that TikTok especially, but we think it's true
with the other social media many of the other social
media companies, but they intentionally designed these probus us to
addict children, that their algorithms are designed to addict children.
(03:06):
It's almost like a casino something that they acknowledge. It's
like a it's like a slot machine. But it's not
just addicting them with wholesome videos about productivity or things
that are stilly about their friends. It's videos that we
know from our investigation put forth all sorts of inappropriate content,
everything from things that drive body dysmorphia or suicide of aviation,
(03:27):
the things that prote drug use, things that nature that
are totally inappropriate for kids, as young as fourteen, and
they do that at the same time while they tell parents, hey,
and they tell kids. And by the way, I've had
my child who doesn't have some phones, doesn't have TikTok,
but who has made this argument to me because they
told parents and kids, Hey, this is safe, this is
family friendly. They can use the site without any of
(03:49):
these kind of repercussions. So we sue, But I think
long term, we've got to have some policy prescriptions, some rules,
rules of the roads that are enforced. So I don't
think if that passes that these that these that these
companies will back out of Nebraska. Frankett, I would expect
them to follow the law, still compete in Nebraska, and
I think you'll see other states do the same thing.
Speaker 2 (04:07):
Right, Well, it's going to be interesting because I can't
see anything in here that reasonable people would disagree with.
My question is how could it How would it work
in practice? I assume Michael, this passes, this would be
a court challenge immediately, right, and so Nebraska could be
potentially on the cutting edge of law regarding this kind
(04:31):
of thing. With these big social media companies.
Speaker 1 (04:34):
We could be We certainly could be Gary And by
the way, if we are, we've got a crack a
plus legal team ready to fight that particular battle. You know,
algorithms are places where the state does have a regulatory interest.
Certainly the state has an interest in defending children, and
we'll work with Senator Bosan to craft a bill that
we think is both legally defensible and hopefully with deter
(04:54):
legal challenge. You know, there is a case today, I
think it's going in front of the US Supreme Court today.
Actually that's relevant to this, Gary, it's the past in case.
You know, a lot of states, including Nebraska, right, and
the pornography context is say hey, you know you can't.
Let's not allow children to be able to use these services,
and let's have some basic third party ID checks to
be able to allow them to do that. That is
under litigation now the Spreme Court. If the Supreme Court
(05:16):
comes out and says they could say, do a lot
of different things. But depending on what the Supreme Court does, Gary,
it very well could really strengthen the hand of states
like Nebraska try to do these types of things that
potentially avoid the kind of legal fight that you suggest
could happen.
Speaker 2 (05:29):
Yeah, I did a segment on that last week. And
I and I know that case comes out of Texas,
but this this they have a similar law that we do, right,
I mean, so it would impact all the states that
have that ID requirement.
Speaker 1 (05:41):
That is, that's absolutely right. If whatever happens with the
Texas case will impact the Nebraska all that was passed
last qession.
Speaker 2 (05:49):
I know you have lots more on the agenda as
I get started in the legislature, Mike, and I wish
you luck with it, and I know we'll be hearing more.
Thanks for the time this morning.
Speaker 1 (05:58):
It's always great to be with you. Gary too.
Hey, good morning, Gary. Great to be with you to back.
Speaker 2 (00:02):
Good to have you on you and the governor backing
four bills that you guys announced yesterday that are all
related to online safety for our kids in Nebraska. And
one of them has received a fair amount of pub
because some other states are doing this, and school boards
are doing this around the country here and there. But
(00:24):
one of them, and that one is the one that
would require well, correct me if I'm wrong, but it
would require school districts to have a plan in place
regarding the use of cell phones during the school day.
Is that right?
Speaker 1 (00:38):
Yeah, that's basically right, Gary. It would provide a little
bit more guidance to the school districts, not just to
have a policy, but an RBUW of policy that would
be effective. In other words, a policy that would generally
would disallow the use or the possession of phone during
the school day, obviously with some reasonable exceptions. But no,
that is the purpose and goal, we know, Gary, But
(01:01):
we know there's a mental health crisis going on right
now for adults, by the way, and kids. But we
know especially to children. I think the data is clear
at this point that that part of the thing that
is driving the mental health crisis for young people, especially
young girls. The social media use and cell phone use
smarkphone use, and one of the most important policy, most
impactful policy prescriptions that we could put in place would
(01:24):
be to get phones out of kid's hands during the
school day.
Speaker 2 (01:27):
Right. One of the other ones, and the one that
really caught my eye, is called the Age Appropriate Online
Design Code Act, and Senator Boson will be introducing this.
One part of the language here in the in the
release about the bill is that the bit would require
social media and other online services to include design features
(01:51):
that prevent compulsive usage of the product, severe psychological harms
such as anxiety and depression, severe emotional harm, identity that done,
privacy violations. And Mike, the thing that I wonder about,
you're talking about some of the biggest businesses in this country,
these social media operators. How can that possibly be enforced
(02:13):
or what if it's if it's passed in Nebraska, would
that basically force these companies to say, Okay, we're not
going to operate in Nebraska because we can't do this.
Speaker 1 (02:24):
Well before I frame the problem, Gary, I think that's
highly unlikely. If the bill passes, these these companies want
to operate in Nebraska just like they want to operate
anywhere else. And I think if Nebraska passes the bill
will be on the cutting edge of reform, and I
think other states, maybe even the federal government will follow.
But take a step back, just to frame the problem. Sure,
we outline this all in our TikTok complaint, which by
(02:46):
the way, we want a major core victory last Friday
defeating TikTok's motion to the Smith. But what we found
is that that TikTok especially, but we think it's true
with the other social media many of the other social
media companies, but they intentionally designed these probus us to
addict children, that their algorithms are designed to addict children.
(03:06):
It's almost like a casino something that they acknowledge. It's
like a it's like a slot machine. But it's not
just addicting them with wholesome videos about productivity or things
that are stilly about their friends. It's videos that we
know from our investigation put forth all sorts of inappropriate content,
everything from things that drive body dysmorphia or suicide of aviation,
(03:27):
the things that prote drug use, things that nature that
are totally inappropriate for kids, as young as fourteen, and
they do that at the same time while they tell parents, hey,
and they tell kids. And by the way, I've had
my child who doesn't have some phones, doesn't have TikTok,
but who has made this argument to me because they
told parents and kids, Hey, this is safe, this is
family friendly. They can use the site without any of
(03:49):
these kind of repercussions. So we sue, But I think
long term, we've got to have some policy prescriptions, some rules,
rules of the roads that are enforced. So I don't
think if that passes that these that these that these
companies will back out of Nebraska. Frankett, I would expect
them to follow the law, still compete in Nebraska, and
I think you'll see other states do the same thing.
Speaker 2 (04:07):
Right, Well, it's going to be interesting because I can't
see anything in here that reasonable people would disagree with.
My question is how could it How would it work
in practice? I assume Michael, this passes, this would be
a court challenge immediately, right, and so Nebraska could be
potentially on the cutting edge of law regarding this kind
(04:31):
of thing. With these big social media companies.
Speaker 1 (04:34):
We could be We certainly could be Gary And by
the way, if we are, we've got a crack a
plus legal team ready to fight that particular battle. You know,
algorithms are places where the state does have a regulatory interest.
Certainly the state has an interest in defending children, and
we'll work with Senator Bosan to craft a bill that
we think is both legally defensible and hopefully with deter
(04:54):
legal challenge. You know, there is a case today, I
think it's going in front of the US Supreme Court today.
Actually that's relevant to this, Gary, it's the past in case.
You know, a lot of states, including Nebraska, right, and
the pornography context is say hey, you know you can't.
Let's not allow children to be able to use these services,
and let's have some basic third party ID checks to
be able to allow them to do that. That is
under litigation now the Spreme Court. If the Supreme Court
(05:16):
comes out and says they could say, do a lot
of different things. But depending on what the Supreme Court does, Gary,
it very well could really strengthen the hand of states
like Nebraska try to do these types of things that
potentially avoid the kind of legal fight that you suggest
could happen.
Speaker 2 (05:29):
Yeah, I did a segment on that last week. And
I and I know that case comes out of Texas,
but this this they have a similar law that we do, right,
I mean, so it would impact all the states that
have that ID requirement.
Speaker 1 (05:41):
That is, that's absolutely right. If whatever happens with the
Texas case will impact the Nebraska all that was passed
last qession.
Speaker 2 (05:49):
I know you have lots more on the agenda as
I get started in the legislature, Mike, and I wish
you luck with it, and I know we'll be hearing more.
Thanks for the time this morning.
Speaker 1 (05:58):
It's always great to be with you. Gary too.
Popular Podcasts
True Crime Tonight
If you eat, sleep, and breathe true crime, TRUE CRIME TONIGHT is serving up your nightly fix. Five nights a week, KT STUDIOS & iHEART RADIO invite listeners to pull up a seat for an unfiltered look at the biggest cases making headlines, celebrity scandals, and the trials everyone is watching. With a mix of expert analysis, hot takes, and listener call-ins, TRUE CRIME TONIGHT goes beyond the headlines to uncover the twists, turns, and unanswered questions that keep us all obsessed—because, at TRUE CRIME TONIGHT, there’s a seat for everyone. Whether breaking down crime scene forensics, scrutinizing serial killers, or debating the most binge-worthy true crime docs, True Crime Tonight is the fresh, fast-paced, and slightly addictive home for true crime lovers.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.