bbieron@platformeconomyinsights.com

A Sec. 230 Win as NY Court Rejects Social Media Liability for Shootings

Aug 1, 2025

Report from the MediaPost

In Brief – A New York state appeals court overturned a lower court decision and dismissed a lawsuit by victims of a racially motivated mass shooting in Buffalo in 2022 who argued that social media platforms used by the assailant were partially responsible for the killings. In a 3-2 decision, the appellate judges said the platforms, including YouTube and Reddit, are protected from liability by both the 1st Amendment, which give platforms the right to wield editorial control over their content, and Section 230 of the federal Communications Decency Act, which immunizes platforms from lawsuits over speech posted by users. The ruling overturned a 2023 decision in Erie County Supreme Court that sided with the plaintiffs who argued that the platforms’ “unreasonably dangerous and negligent” design choices and algorithms addicted the assailant to their products, bombarded him with hateful racist ideas, and provided content educating him on how to carry out the attack. The judges in the majority noted that federal judges recently sided with Meta in a similar lawsuit over a racially motivated church shooting in South Carolina. The two judges in the minority backed the contention that algorithmic recommendations of digital platforms are not protected by Section 230 because “the targeted dissemination of particular information to individual end users does not amount to a traditional editorial or publishing decision”.

Context – Social media critics have long been pursuing legal strategies to circumvent Sec. 230. One argument is that young people are harmed by the design of the platforms that encourage “addictive” use. Another is that platform algorithms that direct content to users are not protected by Sec. 230. Several states have enacted legislation based on these arguments, but they are facing skeptical federal judges. Civil lawsuits targeting social media for faulty and negligent design are having better luck getting past initial court hurdles. Finally, the question of whether social media algorithms are covered by Sec. 230 was teed up by the US Supreme Court in the 2023 Gonzalez v Google case, but the justices passed up on ruling on the algorithm question.

View By Monthly
Latest Blog
Dutch Regulator Opens Digital Services Act Investigation of Roblox

Report from NL Times In Brief – The Netherlands Authority for Consumers and Markets (ACM) has launched a formal Digital Services Act (DSA) investigation of Roblox over concerns that the online gaming platform may not be doing enough to protect children. The DSA...

EU Commission Moves to Stop Meta from Banning Chatbots on WhatsApp

Report from Wall Street Journal In Brief – The European Commission has informed Meta that it plans to block the company’s ban on third-party AI chatbots from operating over WhatsApp. The antitrust regulator has reached a preliminary finding that Meta’s policy could...

Department of Justice and State AGs Appeal Google Search Remedies Order

Report from Bloomberg In Brief – The US Department of Justice has announced that it notified the Federal Court of Appeals for the District of Columbia that it will appeal US District Judge Amit Mehta’s remedies order in the federal antitrust lawsuit that found Google...

Governor Newsome Drops Funding for Media from California State Budget

Report from SFiST In Brief – The latest budget proposal from California Governor Gavin Newsom (D) has eliminated funding for the News Transformation Fund, a state initiative to pay millions of dollars to California media companies. The fund was announced in 2024 as...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required