BUFFALO, N.Y. — A State Supreme Court judge in Erie County has made the decision that a civil lawsuit brought on by the families of the victims of the May 14 mass shooting in Buffalo against social media companies can go forward.
The decision Monday struck down the motions of seven social media platforms to dismiss the lawsuit, which contends teenage gunman Payton Gendron, through his use of social media, became exposed to racist ideology, and radicalized to the point of executing a plot to seek to kill Black people. They further contend that the social media companies bear some responsibility for that.
The decision, which allows the lawsuit to proceed, could lead to the first time a platform is held liable for a mass shooting.
“It's a precedent-setting lawsuit, and this decision that we got today is a precedent-setting decision,” said attorney John Elmore, who is representing the Tops families in this case.
The platforms argued that the case should be dismissed due to a U.S. law called Section 230, which provides immunity for social media platforms from the content posted by their users. However this lawsuit is based on manufacturing design, and under a theory of product liability, contends social media is a product designed to addict its users and that it comes with no warning labels to that effect.
The shooter’s manifesto written ahead of the shooting confirmed he became a victim to that design, as he admitted that every action he took on that day can be tied back to learning them from social media platforms.
“The Tops shooter, in this case, became addicted to social media,” Elmore said. “He became indoctrinated to some of the white supremacy laws on the sites.”
Elmore said he expects that the platforms will appeal the decision, but for now, he sees it as a victory for the families still seeking justice.
“It doesn't mean that we win the lawsuit,” he said. “It means that we can continue to fight.”