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Brikman v. Twitter Inc.

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

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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.

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