Ridiculous Lawsuit Looks To Hold Social Media Companies Responsible For The San Bernandino Shooting
This hasn't worked yet, but that's not going to keep anyone from giving it another try. Excolo Law, representing victims of the San Bernardino attacks (and others in similar lawsuits), is suing Twitter, Facebook, and Google for [sigh] "knowingly and recklessly" supporting terrorism.
The lawsuit, like others before it, claims the social media platforms aren't doing enough to prevent terrorists from using them for communication, not taking down reported posts fast enough, and otherwise making the world a more dangerous place simply by offering their services.
Section 230 is the bar litigants have to clear before holding social media platforms accountable for the actions of their users. This hasn't happened yet, despite the suits being lobbed in California federal courts where some dubious 230 decisions have been handed down.
But try they will. Repeatedly. The lawsuit claims that if these three internet giants hadn't existed, the "most feared terrorist group in the world" would not have experienced as much growth as it has. Maybe so, but if it wasn't these three companies, it would just be other communications platforms being dragged into court -- third parties several steps removed from the underlying tragedies.
The lawsuit goes so far as to allege the perpetrators wouldn't have carried out the San Bernardino shooting if Facebook, Twitter, and YouTube hadn't existed. From the lawsuit [PDF]:
Farook and Malik were radicalized by ISIS' use of social media. This was the stated goal of ISIS. Farook and Mateen then carried out the deadly attack in San Bernardino"
But for ISIS' postings using Defendants' social media platforms, Farook and Malik would not have engaged in their attack on the Inland Regional Center.
OK, then.
There's not anything new is this filing, the third by Excolo. I assume the firm will keep recruiting litigants and filing doomed lawsuits until its gathered enough dismissals to reach a cost/benefit tipping point. As always, the incidents underlying the suits are undeniably tragic. But that doesn't make suing third parties for other people's posts and communications any more correct than it does when nothing more than someone's allegedly-damaged reputation is on the line.
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