From Jane Bambauer's and my brief in Patterson v. Meta Platforms, Inc., pending now before New York's highest court (for more on the case, see the lower court opinions)—many thanks to our excellent local counsel Vivek Tata, Molly O'Keefe, and Alastair Pearson (Elsberg, Baker & Maruri PLLC) for all their help with the brief:
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Plaintiffs-Appellants are suing Defendants-Respondents because Defendants-Respondents hosted and displayed to users what appears to be constitutionally protected third-party speech. Such a theory of liability is inconsistent with the First Amendment, as many cases rejecting negligence liability based on the communicative impact of speech have held.
