Patterson v. Meta Platforms

In 2022, a teenage gunman committed a hate-fueled mass shooting at a Buffalo grocery store killing 10 people and injuring 3 others. The victims and their families filed lawsuits in New York state court seeking damages from social media platforms. They contend the platforms are defectively designed to create user addiction and to push racist and violent content thereby contributing to the killings. But the use of sophisticated algorithms in ranking, ordering, and displaying content is publishing activity protected by the First Amendment and Section 230 of the Communications Decency Act, which promotes the free expression of ideas and the exchange of information on the Internet.

The trial court judge accepted Plaintiffs’ products liability theory and denied the platforms’ motions to dismiss. In a 3:2 decision, the appellate division reversed the trial judge and ordered dismissal of the claims. Plaintiffs appealed to New York’s highest court – the New York Court of Appeals. 

FIRE joined the Center for Democracy and Technology filing an amicus brief urging the court to affirm the appellate division’s decision reversing the trial court and ordering it to dismiss the case.