The families of those murdered in the racist mass shooting in Buffalo can continue with their lawsuits against social media companies, a judge ruled.
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Judge rules that lawsuits against social media can move forward in Buffalo massacre case
The families of those murdered in the racist mass shooting in Buffalo in 2022 can continue with
their lawsuits against social media companies that they contend helped fuel the killer's racist hate.
A judge this week refused to dismiss the lawsuits against the social media companies, including Meta (Facebook), 4Chan, Reddit and YouTube. The social media companies had sought the dismissal.
Payton Gendron, who fatally shot 10 Black people at a Buffalo Tops supermarket in May 2022, was partly driven by his belief in what is known as the "white replacement theory," Erie County-based state Supreme Court Justice Paula Feroleto noted in her decision.
That racist-based theory contends that there is an orchestrated and coordinated push to "replace" white people and rid them of political or societal influence. In her ruling, Feroleto said that there is no question Gendron was moved by the theory; he said so himself in an online screed before the mass murders.
The families of the victims maintain that Gendron discovered the concept on postings in the social media universe, found like-minded racists, then set out on his murderous mission. The social media networks have done nothing to monitor and address content of the sort, the lawsuits contend.
The lawsuits allege that "Gendron became aware of this (replacement) concept from information and posts on defendants' platforms," Feroleto wrote. The social media companies, meanwhile, said that they were simple "third-party" hosts to the content and, under the law, would be immune from liability.
As the judge noted in her decision, the lawsuits counter that the social media platforms "are sophisticated products designed to be addictive to young users and they specifically directed Gendron to further platforms or postings that indoctrinated him with 'white replacement theory.' "
With a request for dismissal, the legal burden is with the defendants. They have to convince the judge that the lawsuits do not contain factual instances worthy of consideration by a jury. Feroleto decided in her ruling that there are clearly substantial allegations that can continue to advance with the lawsuits.
The nonprofit Free Press organization, which monitors media content and pushes for openness, lauded the judge's ruling.
While the organization said it recognizes the First Amendment rights of the social media companies, it also believes "that tech companies can and should be held liable when they knowingly continue to distribute content and have knowledge of the harms it causes," Free Press said in a statement.
"This case is an opportunity to test how we can hold platforms accountable for the role they play in inciting violence," the statement read.