A landmark New Mexico case, which alleges that Meta failed to protect children online, has entered a pivotal new phase—one that will test whether courts can require changes that make social media safe for young users. 

In March, New Mexico became, according to the state’s Department of Justice, “the first state to win at trial against a big tech company for misleading consumers and endangering children.” A jury found that Meta violated the state’s Unfair Practices Act and awarded $375 million in damages.

The case has now entered a second consequential phase. The outcome here will determine whether this case becomes another short-term financial setback for a tech giant or a turning point for the safety of Meta products, which include Instagram, Facebook, and WhatsApp. 

The court will decide if Meta’s platforms violated public nuisance laws and created a public health and safety hazard in New Mexico that requires specific remedies to address these harms, including changes necessary to make Meta platforms safe for children. The actions ordered by this court could serve as a blueprint for how courts across the country respond to specific social media harms.

While monetary damages are likely to remain an important feature of technology litigation, previous experiences in other sectors shows that financial penalties alone are unlikely to transform safety. Experience from tobacco, opioids, gambling, and broader consumer product safety litigation demonstrates that durable and........

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