Frederica Freyberg:
A Menominee nation lawsuit against social media giants like Meta, Snap, YouTube and TikTok blames the companies for rewiring the brains of teens and young adults causing suicidal distress. The suit alleges the algorithms coded into the platforms encouraging obsessive scrolling and resulting negative self-image, especially among girls. The lawsuit cites the CDC, saying tribal teen suicide rates far exceed the national average, alleging a link to social media use. We are joined now by one of the attorneys for the Menominee Indian Tribe, Timothy Purdon. Thanks very much for being here.

Timothy Purdon:
Thanks for having me.

Frederica Freyberg:
Your lawsuit describes how soaring suicide and mental illness have devastated tribal communities. What is the situation among the Menominee in Wisconsin?

Timothy Purdon:
Generally across Indian Country, the reservation communities like Menominee, you know, for a long time, decades really, you know, the tribal youth, the teenage populations in those communities, really some of the most at risk populations in this country. You look at any of the statistics for mental health, suicide rates, those sort of things, a Native American female teenager has a five-time rate of suicide risk to a white female teenager. Those sorts of statistics are all too common in Indian Country and over the last ten years, we’ve seen injected into that vulnerable population the sophisticated business practices and algorithms of these social media companies which the growing research and data directly links to decreased mental health amongst teenagers, increased suicides, all those sorts of things.

Frederica Freyberg:
How exactly, in your belief, does a young person engaging with social media apps contribute to this?

Timothy Purdon:
Well, the statistics are clear, right. The CDC studies are clear and they establish a link. So that is the scientific basis behind this lawsuit and a number of other lawsuits. Let’s be clear. Menominee Indian Tribe is not the first entity to come forward and sue these social media giants for the negative impact on teenage youth mental health. Forty-one, at least 41 state attorneys general filed lawsuits similar to ours last October against these companies including the attorney general for the state of Wisconsin. This is a nationwide epidemic, a nationwide crisis. Social media platforms impacting young people. The point of our lawsuit is in the mix of all that the most vulnerable population of teenagers in this country are Native teens living in their reservation communities.

Frederica Freyberg:
So that is why this is what you describe as a first of its kind lawsuit?

Timothy Purdon:
Right. So historically — historically over the last 150 years if you will, tribal nations have not necessarily come forward and exercised their sovereignty in this way. Coming forward, filing a lawsuit on a public health crisis that’s impacting their reservation as it’s impacting the rest of the country. In the big tobacco cases of late ’90s, American Indian tribes were not plaintiffs. They didn’t sue the big cigarette companies and when those cases went to trial and settled, tribal communities didn’t really share in the settlement dollars. Over the last five, six years, you’ve seen that change. Tribes were heavily involved in the litigation against the national — national litigation against opioid manufacturers and distributors for the opioid epidemic in this country. Again, an epidemic that has hit tribal communities exceptionally hard. Over 225 federally recognized tribes came forward and filed lawsuits against the opioid manufacturers. And when those cases settled, to date over $1.5 billion will flow directly to tribes from those settlements. This is the latest situation where tribes are exercising their sovereignty. Sitting shoulder to shoulder if you will with the state attorney general from Wisconsin, the attorney general from Minnesota, and bringing these cases saying we are tribal governments. We are sovereign. We have these claims. Our people have been impacted. It’s a robust, growing exercise of sovereignty by tribal nations in our country.

Frederica Freyberg:
What is your suit seeking?

Timothy Purdon:
Well, we — there’s a public health crisis. The suit alleges there’s been a public health crisis created here and we’re seeking compensation, abatement. We want to see that the dollars flow to the tribes so they can develop programs to address the growing mental health crisis and suicide crisis that is linked to the business practices of some of these defendants.

Frederica Freyberg:
So are there specific ideas, to your knowledge, on the part of the tribes of how they would specifically use this money?

Timothy Purdon:
We are, you know, we’re at the very — we are taking the first step in what could be a very long journey towards justice here. So to talk about what this might look like at the end I think is a little premature. I can tell you in the opioid cases, tribes that have received some of that $1.5 billion have built treatment facilities, have expanded treatment opportunities on the reservation and those sorts of mental health treatment, mental health care options are all too scarce in Indian Country. So any monies that can be brought in to bring help to people on the reservation is a big help.

Frederica Freyberg:
All right. We leave it there. Timothy Purdon, thanks very much.

Timothy Purdon:
Thank you for having me.