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Lawmakers readying social media protection bills in wake of landmark New Mexico court ruling

Gubernatorial candidates sound different tones, but both support more action by legislators

New Mexico Attorney General Ra煤l Torrez talks during a Friday news conference in Albuquerque about a state judge鈥檚 landmark ruling in his office's lawsuit against social media company Meta. State lawmakers are planning to file social media-related bills during next year鈥檚 60-day legislative session.
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SANTA FE 鈥  A state judge鈥檚 decision that social media juggernaut Meta must pay New Mexico $567 million for harm to teenagers in the state made national waves when it was issued this week.

But it might only be a first step.

After New Mexico Attorney General Ra煤l Torrez urged state lawmakers Friday to take additional action to protect younger state residents from the rapidly evolving technology, some legislators said they鈥檝e already been working on such an approach.

Rep. Linda Serrato, D-Santa Fe, said she and other legislators are planning a multipronged approach to regulating social media platforms and artificial intelligence during the 60-day legislative session that starts in January.

That effort could include imposing an age verification requirement for social media use, restricting chatbot interactions for minors and updating existing consumer protection laws.

鈥淚 do think we鈥檙e at a place where my colleagues and I are ready to pass some laws,鈥 said Serrato, who tried unsuccessfully in 2025 to pass  legislation. 

鈥淭his isn鈥檛 the time for states to throw up their hands,鈥 she added, citing a relative lack of federal protections when it comes to social media use.

However, any laws enacted by legislators could face legal scrutiny. A federal judge in 2024 that imposed restrictions on minors鈥 accounts, ruling it violated social media companies鈥 free speech rights.

There鈥檚 also the issue of how lawmakers will appropriate any money paid out by Meta under the landmark court ruling. The social media company that owns Facebook, Instagram and WhatsApp has said it plans to appeal the decision by District Judge Bryan Biedscheid, which followed a $375 million jury verdict awarded in March. 

Rep. Linda Serrato, D-Santa Fe, center, along with two other colleagues, presents a bill to a House panel in February 2025. Serrato said she plans to draft legislation regulating social media use in New Mexico.

New Mexico has struggled in recent years with a shortage of behavioral health providers, which could complicate efforts to expand mental health treatment for teenagers negatively affected by social media use.

In addition, two recent audits have raised questions about the ability of the state and local governments to effectively spend available treatment and prevention dollars.

One of the reports found that about half of the $110 million in opioid settlement funds received by New Mexico municipalities and counties for drug treatment and prevention programs has gone unspent. The other audit concluded the Children, Youth and Families Department had misspent money intended for children鈥檚 behavioral health services, though the agency disputed the claim.

Gubernatorial candidates weigh in on ruling

With Gov. Michelle Lujan Grisham set to leave office at the end of this year due to term limits, much of the state鈥檚 response to the Meta court rulings could fall to New Mexico鈥檚 next governor.

Democratic nominee Deb Haaland said Friday she was grateful to Torrez for standing up for children and families traumatized by social media use. She also expressed support for additional legislation on the matter.

鈥淎s governor, I鈥檒l prioritize our kids and provide them with the right outlets to further their development, and I support modernizing New Mexico鈥檚 consumer protection laws to hold corporations accountable for price-gouging, exploiting our personal data, and negatively impacting our health and well-being,鈥 Haaland said in a statement.

Her opponent in the Nov. 3 general election, Republican Gregg Hull, expressed more reservations about Biedscheid鈥檚 ruling.

Specifically, Hull said a lack of action by the Democratic-controlled Legislature had prompted the court intervention on the issue.

鈥淎 judge in Santa Fe has now decided how many hours a month a New Mexico teenager may spend on an app, when their phone may buzz and whether they get to see how many people liked their photo,鈥 Hull said in a statement.

鈥淚 understand the impulse. I don鈥檛 question the judge鈥檚 motives. But I don鈥檛 think a courtroom is where we decide how much screen time is right for a 15-year-old,鈥 he added. 鈥淚f these lines are going to be drawn, they should be drawn by legislators who answer to voters.鈥 

Short-term implications

While it could take months for Meta鈥檚 appeal to be decided, a Lujan Grisham spokesperson said Friday the Governor鈥檚 Office was already reviewing the implications of the judge鈥檚 ruling for state government.

Specifically, the outgoing governor鈥檚 spokesperson, Michael Coleman, said the Lujan Grisham administration would work with the attorney general鈥檚 office to ensure Meta carries out its obligations under the ruling. 

鈥淛udge Biedscheid鈥檚 ruling reinforces what we already knew: These platforms were built to keep children addicted to their phones, not safe,鈥 Coleman told the Journal.

He also cited the Democratic governor鈥檚 push to ban cellphones in New Mexico public schools. A student cellphone ban passed the Senate during the final days of this year鈥檚 30-day session, but stalled in the House.

鈥淭eachers shouldn鈥檛 have to compete with apps for their students鈥 attention, and parents shouldn鈥檛 have to wait for the next lawsuit to know what their kids are exposed to online,鈥 said Coleman.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com