More litigation to come following Meta ruling, says Harvard Law Professor

Summary

• Glenn Cohen highlights a bad week for Meta and YouTube due to recent litigation verdicts, signaling potential precedent.
• A large verdict in New Mexico against Meta involves public nuisance claims, with more rulings expected.
• The Los Angeles case is one of thousands consolidated as a bellwether, presenting negative signals for Meta.
• The $6 million payout split between companies is significant enough to encourage more plaintiff lawsuits and higher settlement demands.
• Meta's defense using Section 230 immunity was rejected by courts, focusing on the line between product design and content.
• Snap and TikTok were originally named in lawsuits; Snap settled due to liability size, and TikTok's situation is complex, but both remain vulnerable.
• Companies may appeal to higher courts, including the Supreme Court, on Section 230 grounds to overturn rulings.
• Public perception is shifting to frame social media as a public health issue, similar to tobacco or opioids, damaging brand image.
• Legislative action from Congress is unlikely in the near term due to complexity and slow progress.
• Meta and others need to address safety features and public narrative to mitigate legal and reputational risks.