Judge Allison Jones Rushing of the U.S. Court of Appeals for the Fourth Circuit. Photo: Diego M. Radzinschi/ALMDissenter Blasts 4th Circuit Majority Decision Upholding Meta's Section 230 Defense
"Recommending that a user join a group, connect with another user, or attend an event is Facebook's own speech, for which it can be held liable, even under this Court's precedent," Judge Allison Jones Rushing wrote in a dissenting opinion. She was arguing for the revival of negligence claims against Meta for promoting hate speech that allegedly fueled a massacre of Black churchgoers in South Carolina.
February 07, 2025 at 09:30 AM
5 minute read
What You Need to Know
- The U.S. Court of Appeals for the Fourth Circuit ruled Meta Platforms Inc. has Section 230 immunity from liability in a deadly race-based attack.
- Judge Allison Jones Rushing in a dissenting opinion argued she would have revived the negligence claims against Meta.
- Gibson, Dunn & Crutcher represented defendant Meta.
A dissenting opinion in a U.S. Court of Appeals for the Fourth Circuit case suggested Meta Platforms Inc. may not enjoy absolute immunity under Section 230 of the Communications Decency Act.
Judge Allison Jones Rushing made the comments in a dissenting opinion filed Tuesday in a lawsuit alleging Meta promoted race-based hate content on Facebook that led to the June 2015 mass murders of nine Black churchgoers in Charleston, South Carolina.
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