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SANTA FE, N.M. — <\/span>The first stand-alone trial from state prosecutors in a stream of lawsuits against Meta<\/a> is getting underway in New Mexico, with jury selection starting Monday.<\/p>\n New Mexico’s case is built on a state undercover investigation using proxy social media accounts and posing as kids to document sexual solicitations and the response from Meta, the owner of Facebook, Instagram and WhatsApp. It could give states a new legal pathway to go after social media companies over how their platforms affect children<\/a>, by using consumer protection and nuisance laws.<\/p>\n Attorney General Ra\u00fal Torrez filed suit in 2023, accusing Meta of creating a marketplace and \u201cbreeding ground\u201d for predators who target children for sexual exploitation and failing to disclose what it knew about those harmful effects.<\/p>\n \u201cSo 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,\u201d said Eric Goldman, codirector of the High Tech Law Institute at Santa Clara University School of Law in California. \u201cWhatever the jury says will be of substantial interest.\u201d<\/p>\n The trial, with opening statements scheduled for Feb. 9, could last nearly two months. <\/p>\n Meta denies the civil charges and says prosecutors are taking a \u201csensationalist\u201d approach. CEO Mark Zuckerberg<\/a> was dropped as a defendant in the case, but he has been deposed and documents in the case carry his name. <\/p>\n In California, opening arguments are scheduled this week for a personal injury case in Los Angeles County Superior Court that could determine how thousands of similar lawsuits against social media companies will play out.<\/p>\n Prosecutors say New Mexico is not seeking to hold Meta accountable for content on its platforms, but rather its role in pushing out that content through complex algorithms that proliferate material that can be addictive and harmful to children.<\/p>\n The approach could sidestep immunity provisions for social media platforms under a First Amendment shield and Section 230<\/a>, a 30-year-old provision of the U.S. Communications Decency Act that has protected tech companies from liability for material posted on their platforms.<\/p>\n An undercover investigation by the state created several decoy accounts for minors 14 and younger, documented the arrival of online sexual solicitations and monitored Meta\u2019s responses when the behavior was brought to the company\u2019s attention. The state says Meta\u2019s responses placed profits ahead of children\u2019s safety. <\/p>\n Torrez, a first-term Democrat elected in 2022, has urged Meta to implement more effective age verification and remove bad actors from its platform. He’s also seeking changes to algorithms that can serve up harmful material and criticizing end-to-end privacy encryption that can prevent the monitoring of communications with children for safety.<\/p>\n Separately, 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.<\/p>\n Meta denies the civil charges while accusing the attorney general of cherry-picking select documents and making \u201csensationalist, irrelevant and distracting arguments.\u201d<\/p>\n In a statement, Meta said ongoing lawsuits nationwide are attempting to place the blame for teen mental health struggles on social media companies in a way that oversimplifies matters. It points to the steady addition of account settings and tools \u2014 including safety features that give teens more information about the person they\u2019re chatting with and content restrictions based on PG-13 movie ratings.<\/p>\n Goldman says the company is bringing enormous resources to bear in courtrooms this year, including New Mexico.<\/p>\n \u201cIf they lose this,\u201d he said, \u201cit becomes another beachhead that might erode their basic business.\u201d<\/p>\n