By Jonathan Stempel
(Reuters) -Several social media companies should not be held liable for helping an avowed white supremacist who killed 10 Black people in 2022 at a Buffalo, New York grocery store, a divided New York state appeals court ruled on Friday.
Reversing a lower court ruling, the state Appellate Division in Rochester said defendants including Meta Platforms’ Facebook and Instagram, Google’s YouTube, and Reddit were entitled to immunity under a federal law that protects online platforms from liability over user content.
The case arose from Payton Gendron’s racially motivated mass shooting at Tops Friendly Markets on May 14, 2022.
Relatives and representatives of victims, as well as store employees and customers who witnessed the attack, claimed the defendants’ platforms were defective because they were designed to addict and radicalize users like Gendron.
Lawyers for the plaintiffs did not immediately respond to requests for comment.
Other defendants included Alphabet, Amazon.com, Discord, 4chan, Snap and Twitch, all of which Gendron used, the mid-level state appeals court said.
Writing for a 3-2 majority, Justice Stephen Lindley said holding social media companies liable would undermine the intent behind Section 230 of the federal Communications Decency Act, to promote development of and competition on the internet while keeping government interference to a minimum.
While condemning Gendron’s conduct and “the vile content that motivated him to assassinate Black people simply because of the color of their skin,” Lindley said a liability finding would “result in the end of the Internet as we know it.”
“Because social media companies that sort and display content would be subject to liability for every untruthful statement made on their platforms, the Internet would over time devolve into mere message boards,” he wrote.
Justices Tracey Bannister and Henry Nowak dissented, saying the defendants force-fed targeted content to keep users engaged, be it videos about cooking or puppies, or white nationalist vitriol.
“Such conduct does not maintain the robust nature of Internet communication or preserve the vibrant and competitive free market that presently exists for the Internet contemplated by the protections of immunity,” the judges wrote.
Gendron pleaded guilty to state charges including murder and terrorism motivated by hate, and was sentenced in February 2023 to life in prison without parole.
He faces related federal charges that could lead to the death penalty. Questioning of potential jurors in that case is scheduled to begin in August 2026, court records show.
(Reporting by Jonathan Stempel in New York; editing by Diane Craft)
