Meta Faces Landmark Trial in New Mexico Over Child Safety Allegations
The first stand-alone trial from state prosecutors in a stream of lawsuits against Meta is getting underway in New Mexico, with jury selection starting on Monday. This landmark case represents a significant legal challenge to the social media giant, focusing on allegations that its platforms facilitate child exploitation.
Undercover Investigation Forms Core of Case
New Mexico's case is built on a comprehensive state undercover investigation that used proxy social media accounts posing as children to document sexual solicitations and Meta's responses. The investigation created several decoy accounts for minors aged 14 and younger, meticulously documenting the arrival of online sexual solicitations and monitoring how Meta responded when these behaviors were brought to the company's attention.
Attorney General Raúl Torrez, a first-term Democrat elected in 2022, filed suit in 2023 accusing Meta of creating a marketplace and "breeding ground" for predators who target children for sexual exploitation. The state alleges Meta failed to disclose what it knew about these harmful effects and placed profits ahead of children's safety.
Potential Legal Pathway for Other States
This trial could establish a new legal pathway for states to pursue social media companies over how their platforms affect children. Rather than focusing on content liability, prosecutors are using consumer protection and nuisance laws to target Meta's role in pushing out content through complex algorithms that proliferate material potentially harmful to children.
"So many regulators are keyed up looking for any evidence of a legal theory that would punish social media that a victory in that case could have ripple effects throughout the country, and the globe," said Eric Goldman, codirector of the High Tech Law Institute at Santa Clara University School of Law in California.
Meta's Response and Legal Strategy
Meta has vigorously denied the civil charges, accusing prosecutors of taking a "sensationalist" approach and cherry-picking documents. In a statement, Meta argued that ongoing lawsuits nationwide are attempting to oversimplify complex issues by placing blame for teen mental health struggles solely on social media companies.
The company points to its ongoing implementation of safety features, including tools that give teens more information about who they're chatting with and content restrictions based on PG-13 movie ratings. CEO Mark Zuckerberg, while dropped as a defendant in this particular case, has been deposed and documents in the case carry his name.
Broader Legal Landscape
This New Mexico trial occurs within a much broader legal context. More than 40 state attorneys general have filed lawsuits against Meta, claiming the company harms young people and contributes to the youth mental health crisis by deliberately designing addictive features. Most of these lawsuits have been filed in federal court.
Separately, a bellwether trial is underway in California against social video companies including Meta's Instagram and Google's YouTube, focusing on a 19-year-old who claims social media use from an early age exacerbated depression and suicidal thoughts. A federal trial starting in June in Oakland, California, will represent school districts that have sued social media platforms over harms to children.
Trial Proceedings and Potential Outcomes
The New Mexico trial, with opening statements scheduled for February 9th, could last nearly two months. A jury assembled from Santa Fe County residents will weigh whether Meta engaged in unfair business practices, while a judge will have final say on any possible civil penalties and remedies.
New Mexico's Unfair Practices Act allows penalties of $5,000 per violation, though how violations would be tallied remains unclear. "The reason the damage potential is so great here is because of how Facebook works," said Mollie McGraw, a Las Cruces-based plaintiff's attorney. "Meta keeps track of everyone who sees a post. The damages here could be significant."
Separate Criminal Charges
In a related development, Attorney General Torrez brought felony criminal charges of child solicitation by electronic devices against three men in 2024, also using decoy social media accounts to build that case. This demonstrates the state's comprehensive approach to addressing online child exploitation through both civil and criminal legal avenues.
The outcome of this landmark trial could have far-reaching implications for how social media companies operate and are regulated, potentially establishing new legal precedents for holding technology platforms accountable for their impact on young users.
