Selecting the jury consumed more than five hours on Aug. 12 in Rogers' oil-painting-lined, fourth-floor courtroom.
The judge conducted nearly all of the questioning herself, probing prospective jurors’ views on social media and youth mental health, as well as any connections to Meta. The company is headquartered in Menlo Park, about 30 miles south of the courthouse.
The consensus among those summoned was striking. Nearly all agreed that today's teens face a mental health crisis and that social media bears at least some responsibility.
When Jason Slothouber, a senior prosecutor with the Colorado Attorney General's Office, asked prospective jurors for a show of hands if they believed parents were solely responsible for their children’s problems with social media, only two of about 50 people indicated yes. Neither was selected for the jury.
Another prospective juror likened social media's addictiveness to cocaine.
"I've seen first-hand how it can affect people," the recent college graduate said. He, too, was not chosen.
One prospective juror who did make the panel, a middle-aged man, said parents and technology companies share responsibility for how children use social media.
"But it's a challenge," he said.
Judges most often make use of advisory juries when a case “is high-profile or has garnered interest from the public – and the judge would like some cover,” said Steven Baicker-McKee, a professor of law emeritus at Duquesne University and co-author of the Federal Civil Rules Handbook.
Baicker-McKee said that in his experience, judges usually agree with advisory juries, though he is not aware of any studies examining outcomes. When the judgment of the judge and jury align, the advisory verdict can inject an element of citizen participation into the judicial process.
For lawyers on both sides, it also adds a layer of complexity. Persuading the judge is imperative, but getting the jury on board is also crucial, said Joshua Wurtzel, a Manhattan-based litigator at Schlam Stone & Dolan who is not involved in the Meta case.
“It means you have to shoot at two different targets simultaneously,” he said.
On appeal, however, the court’s findings are reviewed without regard to the advisory verdict.
Rogers used an advisory jury in May when she presided over a trial involving Elon Musk and OpenAI. In that case, she adopted the advisory jury’s unanimous verdict that Musk waited too long to bring his claim.
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