A judge dismissed lawsuits seeking to hold Facebook, Google and Twitter liable to the victims of the San Bernardino shooting

  • On Monday, a federal judge dismissed lawsuits against Facebook, Google and Twitter for letting content from the Islamic State spread on their platforms.
  • The suits sought to hold the companies liable to victims of a 2015 shooting in San Bernardino, California.
  • In her decision, the judge said the shooting, which killed 14 people and injured 22 others, was not a direct result of the companies' alleged providing of resources to the Islamic State.
Two women embrace at a community center where family members are gathering to pick up survivors after a shooting rampage that killed multiple people and wounded others at a social services center in San Bernardino, Calif., Dec. 2, 2015.
Jae C. Hong | AP
Two women embrace at a community center where family members are gathering to pick up survivors after a shooting rampage that killed multiple people and wounded others at a social services center in San Bernardino, Calif., Dec. 2, 2015.

A federal judge has dismissed lawsuits seeking to hold Facebook, Google and Twitter liable to victims of the December 2015 mass shooting in San Bernardino, California, for letting the Islamic State flourish on their social media platforms.

In a decision late Monday, U.S. Magistrate Judge Laurel Beeler in San Francisco said the attack, which killed 14 people and injured 22 others, was not the direct result of the companies' alleged providing of resources to Islamic State.

"A contrary conclusion poses boundless litigation risk and is not tenable given how interconnected communication services are with modern economic and social life," the judge wrote.

Beeler also found no liability for aiding and abetting terrorism under the 2016 Justice Against Sponsors of Terrorism Act , finding allegations only that the companies were "generally aware" that Islamic State used their services.

The plaintiffs included victims and relatives of victims of the Dec. 2, 2015, attack at a government building by Syed Farook, 28, a U.S.-born son of Pakistani immigrants, and his wife, Tashfeen Malik, 29, a native of Pakistan.

Authorities have said the couple was inspired by Islamist militants. Both died soon after the attack in a police shootout. Islamic State said Farook and Malik were two of its followers.

Beeler dismissed the lawsuits with prejudice, meaning they cannot be filed again, citing other courts' rejections of similar claims in other cases.

Federal law gives internet companies broad immunity from liability for content posted by users.

Keith Altman, a lawyer for the plaintiffs, on Wednesday said the decision was "not a surprise," and that issues including the impact of JASTA and what constitutes direct liability should be addressed at the appellate level.

Facebook, Google and Twitter did not immediately respond to requests for comment. Google is a unit of Alphabet Inc.

Altman plans on Jan. 15 to ask the federal appeals court in Cincinnati to revive a similar lawsuit against the three companies over the June 2016 shooting at the Pulse nightclub in Orlando, Florida, which killed 49 people.

The shooter, New York-born Omar Mateen, who was later killed by police, had pledged allegiance to Islamic State's leader.

The cases are Clayborn et al v. Twitter Inc. et al, U.S. District Court, Northern District of California, No. 17-06894; and Megalla et al v. Twitter et al in the same court, No. 18-00543.

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