Meta Faces First Stand-Alone State Trial Over Child Safety in New Mexico

SANTA FE, N.M. (AP) – New Mexico has launched the first state-level, stand-alone trial against Meta, the parent company of Facebook, Instagram, and WhatsApp, focusing on the company’s handling of content that may put children at risk. The case, built on an undercover investigation, seeks to hold Meta accountable for its algorithms and platform design rather than user-generated content. The trial, expected to last nearly two months, could set a precedent for other state lawsuits targeting social media firms.

The trial in Santa Fe begins with jury selection on Monday, marking the first time state prosecutors are taking Meta to court in a stand-alone case rather than as part of broader, consolidated litigation. New Mexico’s case stems from a covert investigation in which state officials created proxy social media accounts and posed as children to document online sexual solicitations and evaluate the company’s response.

Attorney General Raúl Torrez filed the lawsuit in 2023, accusing Meta of fostering a “marketplace” for predators and failing to disclose the potential harms of its platforms to minors. The suit leverages state consumer protection and public nuisance laws, providing a novel legal route for states to challenge social media companies.

Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law, noted that regulators nationwide are closely watching the case. “A victory in that case could have ripple effects throughout the country, and the globe,” he said. The trial’s opening statements are scheduled for February 9, and the proceedings could extend for nearly two months.

Allegations Against Meta

The New Mexico lawsuit does not target user-posted content directly but focuses on Meta’s role in amplifying material through algorithms that may be addictive or harmful to children. This strategy could potentially circumvent legal protections such as Section 230 of the Communications Decency Act and First Amendment immunities, which shield platforms from liability for user-generated content.

State investigators created decoy accounts for children aged 14 and under, tracked the arrival of sexual solicitations, and documented Meta’s responses. The state contends that the company prioritized profits over child safety. Torrez has called for enhanced age verification measures, algorithm adjustments to reduce exposure to harmful content, and reforms to privacy settings that hinder the monitoring of risky interactions.

In a separate initiative, Torrez filed felony charges in 2024 against three men for child solicitation, also relying on decoy accounts.

Meta’s Response

Meta denies the allegations and criticized the attorney general for highlighting select documents while framing the case in a “sensationalist” manner. The company maintains that lawsuits oversimplify complex issues affecting teen mental health and emphasizes its ongoing safety tools, including content filters and user information transparency for minors.

Goldman highlighted the high stakes, suggesting that a loss could create a “beachhead” for further litigation that might challenge core aspects of Meta’s business model.

Broader Legal Context

The New Mexico case is part of a growing wave of litigation against social media companies. Over 40 state attorneys general have filed lawsuits alleging that platforms such as Facebook, Instagram, and Snapchat contribute to youth mental health challenges by designing features that foster addictive use. Most of these cases are in federal court.

A related trial in Los Angeles County Superior Court will focus on claims of social media addiction and mental health impacts for a young adult, while a federal trial set for June in Oakland will address lawsuits brought by school districts.

New Mexico prosecutors have also sued Snap Inc., accusing its platform of facilitating child sexual exploitation, though no trial date has been set. Snap maintains its platform includes safety measures and design features to protect minors.

Jury and Potential Penalties

A jury drawn from Santa Fe County, including the city’s politically progressive population, will assess whether Meta engaged in unfair business practices. However, a judge will ultimately determine any civil penalties or remedies, including the public nuisance claim.

Under New Mexico’s Unfair Practices Act, penalties can reach $5,000 per violation, though the method for tallying violations remains unclear. Mollie McGraw, a plaintiff’s attorney, emphasized the potential scale of damages, citing Meta’s tracking of post views as a factor that could amplify financial consequences.