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SUPREME COURT OF THE UNITED STATES
_________________
No. 21–1333
_________________
Reynaldo Gonzalez, et al., PETITIONERS
v. Google LLC
on writ of certiorari to the united states
court of appeals for the ninth circuit
[May 18, 2023]
Per Curiam.
In 2015, ISIS terrorists unleashed a set of
coordinated attacks across Paris, France, killing 130 victims,
including Nohemi Gonzalez, a 23-year-old U. S.
citizen.[
1] Gonzalez’s parents
and brothers then sued Google, LLC, under 18 U. S. C.
§§2333(a) and (d)(2), alleging that Google was both directly and
secondarily liable for the terrorist attack that killed
Gonzalez.[
2] For their
secondary-liability claims, plaintiffs alleged that Google aided
and abetted and conspired with ISIS. All of their claims broadly
center on the use of YouTube, which Google owns and operates, by
ISIS and ISIS supporters.
The District Court dismissed plaintiffs’
complaint for failure to state a claim, though it offered
plaintiffs leave to amend their complaint. Instead, plaintiffs
stood on their complaint and appealed, and the Ninth Circuit
affirmed in a consolidated opinion that also addressed
Twitter,
Inc. v.
Taamneh, ___ U. S. ___
(2023). 2 F. 4th 871 (2021). With respect to this case, the
Ninth Circuit held that most of the plaintiffs’ claims were barred
by §230 of the Communications Decency Act of 1996, 110Stat. 137, 47
U. S. C. §230(c)(1). The sole exceptions were plaintiffs’
direct- and secondary-liability claims based on allegations that
Google approved ISIS videos for advertisements and then shared
proceeds with ISIS through YouTube’s revenue-sharing system. The
Ninth Circuit held that these potential claims were not barred by
§230, but that plaintiffs’ allegations failed to state a viable
claim in any event.
We granted certiorari to review the Ninth
Circuit’s application of §230. See 598 U. S. ___ (2022).
Plaintiffs did not seek review of the Ninth Circuit’s holdings
regarding their revenue-sharing claims. In light of those
unchallenged holdings and our disposition of
Twitter, on
which we also granted certiorari and in which we today reverse the
Ninth Circuit’s judgment, it has become clear that plaintiffs’
complaint—independent of §230—states little if any claim for
relief. As plaintiffs concede, the allegations underlying their
secondary-liability claims are materially identical to those at
issue in
Twitter. See Tr. of Oral Arg. 58. Since we hold
that the complaint in that case fails to state a claim for aiding
and abetting under §2333(d)(2), it appears to follow that the
complaint here likewise fails to state such a claim. And, in
discussing plaintiffs’ revenue-sharing claims, the Ninth Circuit
held that plaintiffs plausibly alleged neither that “Google reached
an agreement with ISIS,” as required for conspiracy liability, nor
that Google’s acts were “intended to intimidate or coerce a
civilian population, or to influence or affect a government,” as
required for a direct-liability claim under §2333(a). 2
F. 4th, at 901, 907. Perhaps for that reason, at oral
argument, plaintiffs only suggested that they should receive leave
to amend their complaint if we were to reverse and remand in
Twitter. Tr. of Oral Arg. 58, 163.
We need not resolve either the viability of
plaintiffs’ claims as a whole or whether plaintiffs should receive
further leave to amend. Rather, we think it sufficient to
acknowledge that much (if not all) of plaintiffs’ complaint seems
to fail under either our decision in
Twitter or the Ninth
Circuit’s unchallenged holdings below. We therefore decline to
address the application of §230 to a complaint that appears to
state little, if any, plausible claim for relief. Instead, we
vacate the judgment below and remand the case for the Ninth Circuit
to consider plaintiffs’ complaint in light of our decision in
Twitter.
It is so ordered.
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