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A court hearing set to begin in New Mexico on Monday could result in a judge ordering significant changes to how Facebook, Instagram, and WhatsApp operate — a move that Meta Platforms warns might force the company to cease operations in the state.
The case, taking place before a Santa Fe judge, is based on a lawsuit filed by New Mexico Attorney General Raul Torrez, a Democrat, accusing the social media giant of intentionally designing its platforms to foster addiction among young users and failing to shield children from sexual exploitation.
Central to the trial is whether Meta’s platforms are considered a “public nuisance” as defined under New Mexico law. If the court rules in favor of this claim, it could enable the judge to impose broad measures aimed at mitigating harm to young users. The case has garnered national attention as other states, cities, and school districts across the country pursue similar legal actions to push for industry-wide reforms.
This trial marks the second phase of New Mexico’s lawsuit. Back in March, a jury found Meta guilty of violating the state’s consumer protection law by misrepresenting the safety of Facebook and Instagram for minors, resulting in a $375 million penalty.
Concerns about children’s safety on social media platforms have been escalating for years. Recently, Meta issued a warning to investors, indicating that legal and regulatory challenges in the European Union and the United States could significantly impact its business and financial results.
The attorney general’s office is expected to seek billions of dollars in additional damages and demand that Meta implement substantial modifications to its platforms for users in New Mexico, according to court documents.
Meta asserts that it has already addressed many of the concerns raised by the state and highlighted extensive safety measures it has introduced. The company added in court documents last week that many of the remedies demanded are impractical and might force it to withdraw entirely from New Mexico.
A Meta spokesperson stated, “The New Mexico Attorney General’s focus on a single platform is misguided, ignoring the hundreds of other apps teens use daily. Instead of offering comprehensive protections, the proposed mandates infringe upon parental rights and suppress free expression for all residents of New Mexico.”
The upcoming trial before Judge Bryan Biedscheid will focus on whether Meta’s conduct qualifies as a “public nuisance” under New Mexico law, which would allow the court to impose remedies aimed at alleviating the alleged harms.
In general, a public nuisance involves activities that unreasonably disrupt community health and safety — such as blocking roads, polluting waterways, or emitting harmful fumes. In recent decades, states have invoked public nuisance laws to pursue industries involved in tobacco, opioids, climate change, and vaping, according to law professor Adam Zimmerman of USC’s Gould School of Law.
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