'There is a clash between statutes that the court needed to reconcile but ignored,' Tolchin said in an interview.
Robert Tolchin, a lawyer for both sets of the plaintiffs, said Garaufis appeared to sidestep limits under the federal Anti-Terrorism Act on aiding groups such as Hamas, a Palestinian group that the Department of State designates a foreign terrorist organization. The decision is a setback to efforts to hold companies such as Facebook and Twitter Inc liable for failing to better police users' online speech. He said they had no legal right to demand changes to Facebook's platform because they could not show any 'actual or imminent' injury. Garaufis also dismissed a lawsuit by roughly 20,000 Israeli citizens who feared harm from future violence. That law 'prevents courts from entertaining civil actions that seek to impose liability on defendants like Facebook for allowing third parties to post offensive or harmful content or failing to remove such content once posted,' Garaufis wrote. District Judge Nicholas Garaufis in Brooklyn dismissed a $3 billion damages lawsuit by relatives of American victims of Hamas attacks, saying the federal Communications Decency Act regulating internet content immunizes Facebook from liability.
