Randi McGinn, a lawyer for New Mexico, said applying the full $5,000 penalty to the number of violations would create too large of a penalty under the US Constitution's protections on due process.
I ass/u/me this refers to the Eighth Amendment, but I don't remember seeing any monetary constants encoded within that text.
Google's telling me Meta is worth about $1.8 trillion so how would a mere $40B be "excessive?" It's only about 2% of their worth! Civil penalties in excess of 2% of someone's worth are routinely accepted as constitutional, aren't they? If this case were about me driving drunk and killing a whole family, I bet no one would flinch at the 8A implications of taking 2% (!?!) of my assets, and everyone would laugh at my lawyer if he brought up 8A for such an insignificant fine.
I understand why we have 8A, and everyone deserves mercy, but I don't see why Meta deserves exceptional mercy as a singular special case that we would be horrified to see applied anywhere else. Bringing up 8A for such a tiny fine would be giving Meta a very unique carve-out that we normally would not apply.
It may be that $5k is too much to charge criminals per act, in that each crime didn't really cause that much loss, but bringing up due process concerns seems like bullshit when the fine is already so small. NM and Meta had been trying to negotiate the cost of illegal business for years before negotiations failed and it went to trial. Meta decided to let a jury decide, and the jury's come up with a fairly tiny fraction of their assets.
If Meta thinks the price of illegal business is still too high, then they can lower the number of willful violations they commit per year, to optimize the advantage they gain from illegal actions at an affordable rate.
Geez, Zuck, just do less of it. If $40B seems like a lot, then maybe try only $10B worth of crime next time. What's the big deal? Live and learn. After this little fine you still have 98% of the company left to go on and incur the next wave of liabilities.
