In the New Mexico lawsuit brought by the state attorney general, the judge in charge of the trial voiced reservations on Monday about some of the changes New Mexico is asking a court to impose on Meta Platforms. Judge Bryan Biedscheid told parties before opening statements that he had reviewed pretrial filings and was troubled that certain requested remedies might extend beyond the court’s proper role.
Addressing the courtroom, the judge stressed the limits of judicial power: "I am a judge, I am not a legislator, I am not a regulator," he said, adding that he wanted to avoid the court assuming the functions of a "one-person legislature." His comments came at the outset of the trial’s second phase, which will focus on whether platform features create a public nuisance under New Mexico law.
The lawsuit, filed by New Mexico Attorney General Raúl Torrez, alleges Meta intentionally designed Facebook and Instagram to foster addictive use among minors and failed to protect children from sexual exploitation. A jury in March found Meta had violated the state’s consumer protection statute by misrepresenting the safety of those platforms for young users and awarded $375 million in damages.
In the current phase of proceedings, Judge Biedscheid will determine whether Facebook and Instagram amount to a public nuisance. If the court finds in favor of the state on that question, New Mexico’s filings ask the judge to order measures aimed at mitigating the alleged harms to youth on the platforms. Such an outcome would permit the court to issue remedies that could be broad in scope.
Judge Biedscheid’s remarks indicate a focus on ensuring any relief ordered by the court remains within judicial authority and addresses proven legal harms without substituting for legislative or regulatory policymaking. The court’s role in the upcoming deliberations will therefore encompass both factual determinations about the platforms and legal judgments about the proper limits of remedial orders under state law.
The trial will continue with consideration of whether the elements of public nuisance are satisfied and, if so, what remedies are permissible under New Mexico law. The court’s decisions in this phase will determine whether the state can obtain court-ordered changes intended to reduce harms to young users on Meta’s Facebook and Instagram platforms.