Benjamin Zipursky, professor of law at Fordham University, told The Guardian that the jury trials involving Meta, Snap, TikTok, and YouTube are being closely watched as key legal tests, noting that while public criticism of tech executives is one thing, court decisions that could force changes to how social media platforms are structured carry far more significant consequences.
“[Plaintiffs] have reconfigured it to say, look: the wrongful thing Meta is doing is running its whole platform in such a way that people get addicted,” Zipursky said. A key issue will be whether plaintiffs can prove the tech companies were wrongfully taking harmful risks, Zipursky added. Moreover, if the plaintiffs can prove that tech companies knowingly and intentionally caused harm, it will be easier to get punitive damages.
Legal experts expect all of these cases will eventually be appealed if they don’t reach a settlement, and there’s no certainty about outcomes until appellate courts have weighed in. They expect tech companies to raise several issues, including whether the Communications Decency Act or first amendment applies, as well as potential disputes over causation and expert testimony. “None of these companies are going to feel that they need to change what they do,” Zipursky said.
