Survivors of a 2022 mass shooting at Buffalo, New York, are suing social media giants and gun vendors in a rare pair of lawsuits that are likely to test the limits of the legal privileges afforded to both Silicon Valley and the firearms industry. 

One lawsuit was filed on Wednesday at the Erie County state supreme court. It alleges that the social media giants Reddit and YouTube “transformed and addicted” the shooter, Payton Gendron, by showing him racist videos and blogs. Gendron was sentenced to life in prison earlier this year after he murdered 10 people at a Tops grocery store at Buffalo, all of whom were Black. 

The lawsuit alleges that “the death, terror and other harm suffered by plaintiffs was made possible by the companies and individuals who facilitated and equipped the shooter for his racist attack. As a result of their negligent and unlawful actions, the shooter gained the racist motivation, tools and knowledge necessary for him to commit the mass shooting at Tops.”

At his sentencing hearing in February, Gendron said he “did a terrible thing that day.” He said he “shot and killed people because they were Black.” He also said he “acted out of hate” because of the things he read and watched online.  

Beyond Reddit and YouTube, the survivors of the shooting are also suing the gun dealer who sold Gendron the firearm he used to murder 10 people, as well as the vendor who sold Gendron the body armor he wore that day. The lawsuit alleges that those businesses “facilitated and equipped the shooter for his racist attack.”

The lawsuit also names as defendants Gendron’s parents, who lawyers for the survivors claim “abdicated their duties” in failing to recognize the radicalization of their son.

In a statement, a representative for YouTube said the company had the “deepest sympathies” for the victims and survivors of the shooting. “Through the years, YouTube has invested in technology, teams, and policies to identify and remove extremist content,” the representative continued. “We regularly work with law enforcement, other platforms, and civil society to share intelligence and best practices.”

The lawsuits were filed by Everytown Law, the legal arm of the gun control advocacy organization, Everytown for Gun Safety. In a press release, Everytown Law said that while some “survived the racist attack,” they have had to “endure moments of terror that left lasting effects, such as nightmares, trouble sleeping, anxiety and paranoia,” the lawsuit alleges.

One of the survivors, Fragrance Stanfield, said that “the terror that the shooter inflicted on me and other survivors will live with us forever. It’s my hope that this lawsuit can help to not only hold the individuals and entities accountable who allowed the shooter to carry out his racist rampage, but that we can also change the conversation around who constitutes a victim following tragedies like this one.”

The lawsuit that names the gun retailer who sold Gendron the weapon is the latest test of the broad legal immunity afforded to the firearms industry. A federal law passed in 2005, the Protection of Lawful Commerce in Arms Act, grants gun manufacturers protection in most cases from liability lawsuits when their products are used to commit crimes. 

The executive director of Duke University’s Center for Firearms Law, Andrew Willinger, tells the Sun that the legal protections afforded to manufacturers are extended to “any third party” involved in the sale of firearms, including retailers. “It’s not just limited to gun manufacturers, it’s extended to retailers as well,” Mr. Willinger said.

The lawsuit naming Reddit and YouTube will also likely test Section 230, a clause of the Communications Decency Act of 1996 that shields tech companies and social media services from liability lawsuits for content posted on their platforms. The section states that no “provider” of an internet service “shall be treated as the publisher or speaker of any information provided by another information content provider.”