Meta and Google-owned YouTube are going to court, and the two cases have the potential to change social media as we know it, MRC Vice President for Free Speech America Dan Schneider warned.
On Fox & Friends First Monday, Schneider referred to the California and New Mexico Big Tech cases as “the Super Bowl for those of us who care about Big Tech free speech rights, and how these Big Tech companies operate.” The two cases will determine whether Meta and YouTube are designed to be addictive and harmful, and whether Meta misrepresented its safety for children. Since Congress has not stepped up to pass tech legislation protecting both children and free speech, the future of Big Tech companies rests on the shoulders of 12 jurors in each state.
"This is the Super Bowl for people who care about Big Tech and free speech."@Schneider_DC breaks down landmark social media trials in California and New Mexico on @FoxFriendsFirst pic.twitter.com/jNR4C34JCJ
— Media Research Center (@theMRC) February 9, 2026
In California, Meta and YouTube must defend against accusations of deliberately creating addictive and dangerous products for minors. In New Mexico, the case New Mexico v. Meta specifically focuses on child exploitation content and Meta’s responsibility.
Using Sunday’s football game between the Patriots and the Seahawks as an example, Schneider continued, “If this comes down to a defensive struggle, the tech companies win. If it's going to be a Tom Brady kind of offensive struggle, the plaintiffs are going to win.”
Much is at stake. Schneider said, “These cases are unique. Never before, anywhere in the world, have we had these cases go to trial, because the tech companies have always been able to rely on this shield called Section 230.” He added that the New Mexico prosecutor and the California plaintiffs edged around that legislation by arguing that it’s a “product design” issue. "The New Mexico prosecutor has promised he's going to present mind blowing evidence showing real harm created by Facebook,” Schneider continued.
"The New Mexico prosecutor has promised he is going to present mind-blowing evidence showing real harm created by Facebook."@Schneider_DC gives insight on the historic social media trials in New Mexico and California on @FoxFriendsFirst pic.twitter.com/l3CCM6uZSv
— Media Research Center (@theMRC) February 9, 2026
Even Meta CEO Mark Zuckerberg is set to testify, Schneider confirmed, although his testimony was delayed, reportedly, after a Meta attorney became ill. “The biggest concern I have is that these are serious legal questions and legal issues, policy disputes, and instead of our U.S. Congress resolving this, we're going to have 12 random people in a jury box who are going to impact the lives of everybody on the planet, how we interact with these tech companies,” Schneider emphasized.
"If Facebook and Google's YouTube lose this, we could have the end of tech companies as we know it." @Schneider_DC drops bombshell on historic social media trials on @FoxFriendsFirst pic.twitter.com/uukLc1uE9Q
— Media Research Center (@theMRC) February 9, 2026
Fox host Todd Piro asked Schneider if it was possible “to put a dollar amount on the potential verdict,” but Schneider said no. “This is what lawyers call a bet-the-farm” moment, Schneider explained, “if Facebook and then Google's YouTube, if they lose this, we could have the end of tech companies as we know it.” Schneider clarified Meta “could literally disappear.”
While these cases do have some potential to keep children safer online, Schneider said, “[T]his is where I get so frustrated. These policy issues should have been addressed by Congress, resolved by Congress, not with people on a jury, but when it comes down to the evidence, I'll tell you, as I've observed Facebook and then Google's YouTube, Facebook is the one who's been much more innovative over the years. Now, I am no apologist... But it seems to actually care more.”
Free speech is under attack! Contact your representatives and demand that Big Tech be held to account to mirror the First Amendment while providing transparency, clarity on hate speech and equal footing for conservatives. If you have been censored, contact us using CensorTrack’s contact form, and help us hold Big Tech accountable.
