Terrorism Lawsuits Against Social Media Companies

Over the last two decades, there has been growing concern over the use of Google, Facebook, and X (Twitter), and other social media platforms in international and domestic terrorism. Many victims and survivors have sued social media companies, claiming their services bore a causal relationship to the resulting political violence. The problem for most of these matters is that social media companies enjoy immunity from publisher liability, granted by Congress with Section 230 of the Communications Decency Act. Meanwhile, experts have expressed chagrin at the long-term impact of social media on our society, suggesting that some level of liability will incentivize social media companies to clean up their content.

When the Supreme Court in 2023 agreed to review a consolidated appeal of a number of terrorism lawsuits against social media companies, it looked like it was going to address the continuing viability of Section 230 immunity and perhaps open up the floodgates for more victims’ lawsuits against tech companies. Did this occur? What did the Court say about the need for civil litigation against social media companies? Is Congress more likely to enter the fray with some Internet regulation in light of the Court’s ruling?

To discuss these dynamics, the Program on Extremism at The George Washington University hosted an online discussion on Thursday, June 13, 2024 at 10 am ET.  The event was moderated by PoE Senior Research Fellow Jeff Breinholt and featured insights from:

• Will Mackie, Adjunct Professor of Law, Washington & Lee;
• Annie E. Kouba, Associate at Motley Rice;
• Katie A. Paul, Director, Tech Transparency Project; Co-director and Founder, ATHAR Project.