Fourth Department – First Amendment: Patterson, et al. v. Meta Platforms

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

First Amendment — Social media platforms — Third-party content

Patterson, et al. v. Meta Platforms

CA 24-00513

Appealed from Monroe County Court

Background: The plaintiffs are survivors of a mass shooting attack. They allege that the social media platform defendants are defectively designed to include content-recommendation algorithms that fed a steady stream of racist and violent content to the shooter, who over time became motivated to kill. They also allege that the content-recommendation algorithms addicted the shooter to the social media defendants’ platforms, resulting in his isolation and radicalization, and that the platforms were designed to stimulate engagement to maximize profits. The defendants appealed from the denial of their motions to dismiss.

Ruling: The Appellate Division reversed. The court held that the social media defendants qualify as providers of interactive computer services. As the plaintiffs seek to hold the social media defendants liable as publishers of third-party content. The use of an algorithm does do not deprive the defendants of their status as publishers of third-party content.

Eric A. Shumsky, of Orrick, Herrington & Sutcliffe, Joseph R. Palmore, of Morrison & Forster, Moez M. Kaba, of Hueston & Hennigan, Lisa Anne Lecours, of Harris Beach Murtha Cullina, Jonathan P. Schneller, of O’Melveny & Meyers, for the defendants-appellants; John V. Elmore, of the Social Media Victims Law Center, for the plaintiffs-respondents.