New Mexico’s trial against Meta starts in Santa Fe court

SANTA FE — New Mexico opened its trial against Meta on Monday, alleging that the parent company of Facebook and Instagram targets teens and preteens as a means of maximizing ad revenue while exposing children to sexual exploitation and other harms.

Donald Migliori, an attorney for the state, said in opening statements Monday that the state will show jurors internal Meta documents that contrast sharply with the company’s public statements about youth safety.

“The theme throughout this trial is going to be that Meta puts profits over safety,” Migliori told jurors. “The evidence in this case will be that Meta has knowingly made false and misleading statements, particularly about the safety of its platforms for teens and preteens.  Safety was under prioritized and ineffective.”

New Mexico Attorney General Raúl Torrez filed the suit in 2023 against Meta Platforms and its CEO, Mark Zuckerberg, alleging the company failed to protect children from sexual abuse, online solicitation and human trafficking.

Attorneys for Meta are expected to begin opening statements on Monday afternoon.

Attorneys last week seated an 18-person jury that includes six alternates. The trial before Judge Bryan Biedscheid in 1st Judicial District Court in Santa Fe is expected to last six weeks.

Migliori alleged Meta places particular value of teens and preteens because they remain engaged for longer periods, bringing the company advertising revenue. “They want tweens on their platforms,” he said.

Migliori gave jurors an “abbreviated presentation” of internal Meta documents obtained by the state that he said contradict public statements made by Zuckerberg and other company officials saying that Meta places a high priority on youth safety.

“Meta made its profits while publicly misrepresenting that its platforms were safe for you, downplaying or outright lying about what it knows about the dangers of its platforms,” he said.

Migliori alleged that Zuckerberg placed free expression ahead of safety, sharing with jurors an internal document in which Zuckerberg allegedly prioritized freedom of expression over safety.

“It’s not safety first,” he told jurors. “It’s growth and freedom of expression first.”

Migliori also told jurors they will hear testimony from former Meta employees who will say that Meta has few systems in place to prevent teens and preteens from receiving messages from adults.

The New Mexico Department of Justice brought the suit under the state Unfair Practices Act, which prohibits deceptive trade practices. The law requires the state to prove that Meta knowingly made false or misleading representations about the safety of its products.

Even before opening statements began Monday, attorneys for Meta objected to attorneys for the state revealing photos of young girls likely to be shown to jurors.

Melanie Stambaugh, an Albuquerque attorney for Meta, said federal law shields internet companies from liability for images posted on Meta platforms by third-party users.

Meta argued in court records that it can’t be held liable for content shared by third-party users and that its practices are protected under Section 230 of the federal Communications Decency Act, “as courts nationwide have held.”

Congress passed Section 230 in 1996 to provide immunity from liability to online computer services for third-party content created by users. The law has been interpreted by courts to shield social media companies from liability as a “publisher” of material posted by users.

States and individuals have filed thousands of lawsuits in state and federal courts across the U.S. alleging that social media platforms are designed to lure young users into compulsive use. A trial began earlier this month in Los Angeles Superior Court alleging that Meta and YouTube designed addictive platforms resulting in mental health problems for young users.

New Mexico’s legal challenge differs from many other lawsuits by focusing on sexual exploitation, alleging that the company “knowingly exposes children to the twin dangers of sexual exploitation and mental health harm.”

In preparing the suit, New Mexico investigators created fictitious Facebook and Instagram accounts for boys and girls in their early teens that the suit alleges quickly attracted thousands of friends and followers, most of them adult men.

This story will be updated.

Olivier Uyttebrouck covers courts for the Journal. You can reach him at olivier@abqjournal.com.