SEARCH

Brikman v. Twitter Inc.

DCA Defeats Claims Seeking to Hold Twitter Liable for Anonymous Defamatory 'Tweets'

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM AND ORDER In this lawsuit, pro se plaintiffs seek to hold defendant Twitter liable for defamation on the ground that Twitter allowed an anonymous user to post tweets that plaintiffs consider defamatory and refused to remove those tweets when asked. Twitter has moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that the Communications Decency Act of 1996 (“CDA”), 47 U.S.C. §230, and the First Amendment preclude plaintiffs’ defamation claims. For the reasons set forth below, I find that the CDA preempts plaintiffs’ claims against Twitter. Accordingly, Twitter’s motion is granted, and plaintiffs’ claims against Twitter are dismissed. Because granting leave to amend would be futile, the dismissal is with prejudice. BACKGROUND Plaintiff Mayer C. Brikman is Rabbi of Kneses Israel of Seagate, a Brooklyn synagogue. See Compl. 1 (Dkt. #1). He and his wife Rivkah Brikman, together with Kneses board member Joseph B. Wolhendler, filed this lawsuit seeking damages and injunctive relief for posts shared on Twitter that plaintiffs allege are defamatory. They have named as defendants Twitter and an individual who allegedly retweeted the posts in question. Plaintiffs invoke the Court’s diversity jurisdiction under 28 U.S.C. §1332. Id. at 5-6. Plaintiffs claim that “unidentified disgruntled individual members” of Kneses have created a Twitter account with the handle “@KnesesG” to wage a campaign of harassment against them. Id.

4-5. They allege that the account is “impersonating [their] synagogue” and posting tweets about plaintiffs which they consider defamatory. See id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›

ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:

Apply Now ›

Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...

Apply Now ›