New York
Are Google and Meta to Blame for the Racist Massacre in Buffalo?
Ask the families of the victims of last year’s racist massacre in Buffalo what they want and one goal comes up again and again.
“To hold anybody and everybody, in anything and everything, that had a part in what happened to my mother and the other nine, what was done in Buffalo, to hold them accountable,” said Garnell W. Whitfield Jr., whose mother, Ruth, was one of 10 people — all of them Black — who were killed.
That longing for accountability has resulted in two new civil lawsuits filed by the Buffalo families, the most recent attempt to hold social media companies responsible when men steeped in violent ideologies on those platforms open fire. But even as such massacres continue, seemingly unabated, lawsuit after lawsuit against tech giants has thus far failed to award victims and their families in court.
Indeed, the Buffalo suits will face significant challenges, experts in digital law say, with some blunt predictions as to their likelihood for success.
“It’s not going to work,” said Eric Goldman, a professor at Santa Clara University’s law school and a co-director of its High Tech Law Institute.
In recent years, a handful of cases involving social media and tragic incidents have advanced past preliminary stages, including two lawsuits brought by families of victims of terrorist attacks in Istanbul and Paris that reached the Supreme Court. But the nation’s highest court rebuffed both efforts to hold companies, including Google and Twitter, liable for Islamic State videos appearing on their sites.
The primary legal obstacle, Mr. Goldman and others say, remains Section 230 of the Communications Decency Act of 1996, which provides protection to online companies from liability from third-party content published on their sites. Drafted in the incipient days of the internet, the statute was meant to protect internet companies from lawsuits over speech published in chat rooms or other forums.
But as the decades have passed, critics say, its scope has broadened, even as calls to narrow it have grown..
“The vast majority of courts have really indulged this very excessive, unqualified immunity approach to the reading of Section 230,” said Mary Anne Franks, a law professor at the University of Miami who has advocated reforms to Section 230. “There hasn’t been a case, I think, exactly like this one. But if you look at some of the other attempts to hold social media companies accountable for acts of terrorism, et cetera, they’ve mostly lost.”
All of which galls people like Barbara Massey-Mapps, whose sister, Katherine, was also murdered in the Buffalo attack, during which the gunman used an assault rifle to shoot 13 customers and employees of a Tops supermarket. Three people survived.
The gunman, Payton Gendron, an avowed white supremacist, livestreamed his attack. He had written voluminous online diaries filled with racist content and references to so-called “replacement theory,” which posits a nefarious conspiracy to replace white people with people of color.
And Ms. Massey-Mapps, 66, believes that social media is to blame for introducing him and others to such ideas, and for using algorithms that are capable of feeding a steady stream of videos to people seeking racist or other hateful content.
“This wouldn’t spread as fast if you didn’t have Facebook or YouTube or what have you,” she said. “There’s so much negativity, so much ugliness. And I’m like, Why?”
Ms. Massey-Mapps was among three victims’ families and an employee of Tops who filed suit in May against social media companies, including Meta (which owns Facebook and Instagram) and Google (which owns YouTube). A second suit was filed this month by a legal team led by Benjamin Crump, a prominent civil rights attorney who said he intended to use the gunman’s own admission that he was influenced by social media to prove the case and set a new precedent.
“The laws, the technical justifications, always exist until they don’t exist anymore,” Mr. Crump said, “Until people say, We can’t condone this.”
For opponents of Section 230, there have been glimmers of hope: In 2021, a decision by the U.S. Court of Appeals for the Ninth Circuit in San Francisco — Lemmon v. Snap — limited the immunity provided by the law, in a case involving a so-called “speed filter” on Snapchat, which encouraged speeding in cars and had led to the deaths of three teenagers using the filter.
A recent case in Oregon — against the anonymous chat site Omegle, which has been used by some sexual predators — has also overcome Section 230 challenges. It is in the discovery phase and is headed to trial, the plaintiffs’ attorneys said.
Like those cases, the suits filed in Buffalo argue that the social media platforms in question are essentially dangerous products, an effort to sidestep the content protections provided by Section 230. The two suits — filed in state court in Erie County — use nearly identical language, referring to the apps as “defective” and suggesting they were designed to be addictive to users and to encourage violence.
The Supreme Court, however, dealt blows to opponents of Section 230 in May, when it ruled against plaintiffs in the two suits brought by families of victims of terrorist attacks seeking damages from Google and Twitter.
Jess Miers, legal advocacy counsel for Chamber of Progress, a lobbying group that represents tech firms such as Google and Meta, said that those Supreme Court decisions reinforced the protections provided by Section 230, while allowing websites leeway to crack down on hateful posts.
While “these tools and algorithms inadvertently amplify objectionable content,” she added, the Section 230 protections are “crucial to ensure that social media companies can continue using algorithms” to monitor and minimize “harmful content.”
Jeff Kosseff, an associate professor at the U.S. Naval Academy’s Cyber Science Department, said that the Buffalo suits could face additional challenges over free speech, as hate speech was constitutionally protected, with the exception of “true threat or imminent incitement of violence.”
In recent years, there has been increased attention on the effects of social media on young people — including a warning from the surgeon general in May. And Mr. Kosseff says such anti-tech sentiments could begin to suffuse legal arguments.
“We’ve had a lot of judges, particularly in cases against big tech companies, who are not very big fans of big tech companies,” Mr. Kosseff said. “So that’s why I would never say it’s absolutely doomed.”
Mr. Gendron, now 20, has already faced criminal charges: In February, he pleaded guilty in state court and was sentenced to life in prison without the chance of parole. He also faces federal charges, including hate crimes, some of which could carry the death penalty.
At a news conference to announce the second lawsuit, family member after family member stepped up to the podium, some in tears, others stoic, to describe their pain.
“It doesn’t turn off for me,” said Kimberly Salter, whose husband, Aaron, a retired Buffalo police officer, was killed while working as a security guard at Tops and hailed as a hero afterward. “I’m sure it doesn’t turn off for the other families either.”
New York
Hochul Seeks to Limit Private-Equity Ownership of Homes in New York
Gov. Kathy Hochul of New York on Thursday proposed several measures that would restrict hedge funds and private-equity firms from buying up large numbers of single-family homes, the latest in a string of populist proposals she intends to include in her State of the State address next week.
The governor wants to prevent institutional investors from bidding on properties in the first 75 days that they are on the market. Her plan would also remove certain tax benefits, such as interest deductions, when the homes are purchased.
The proposals reflect a nationwide effort by mostly Democratic lawmakers to discourage large firms from crowding out individuals or families from the housing market by paying far above market rate and in cash, and then leasing the homes or turning them into short-term rentals.
Activists and some politicians have argued that this trend has played a role in soaring prices and low vacancy rates — though low housing production is widely viewed as the main driver of those problems.
If Ms. Hochul was inviting a fight with the real estate interests who have backed her in the past, she did not seem concerned. She even borrowed a line from Jimmy McMillan, who ran long-shot candidacies for governor and mayor as the founder of the Rent Is Too Damn High Party.
“The cost of living is just too damn high — especially when it comes to the sky-high rents and mortgages New Yorkers pay every month,” Ms. Hochul said in a written statement.
James Whelan, president of the Real Estate Board of New York, said his team would review the proposal, but characterized it as “another example of policy that will stifle investment in housing in New York.”
The plan — the specifics of which will be negotiated with the Legislature — is one of several recent proposals the governor has made with the goal of addressing the state’s affordability crisis. Voters have expressed frustration about the high costs of housing and basic goods in the state. This discontent has led to political challenges for Ms. Hochul, who is likely to face rivals in the 2026 Democratic primary and in the general election.
In 2022, five of the largest investors in the United States owned 2 percent of the country’s single-family rental homes, most of them in Sun Belt and Southern states, according to a recent report from the federal Government Accountability Office. The report stated that it was “unclear how these investors affected homeownership opportunities or tenants because many related factors affect homeownership — e.g., market conditions, demographic factors and lending conditions.”
Researchers at Harvard University found that “a growing share of rental properties are owned by business entities and medium- and large-scale rental operators.”
State officials were not able to offer a complete picture of how widespread the practice was in New York. They said local officials in several upstate cities had told them about investors buying up dozens of homes at a time and turning them into rentals.
The New York Times reported in 2023 that investment firms were buying smaller buildings in places like Brooklyn and Queens from families and smaller landlords.
Ms. Hochul’s concern is that these purchases make it harder for first-time home buyers to gain a foothold in the market and can lead to more rental price gouging.
“Shadowy private-equity giants are buying up the housing supply in communities across New York, leaving everyday homeowners with nowhere to turn,” she said in a statement on Thursday. “I’m proposing new laws and policy changes to put the American dream of owning a home within reach for more New Yorkers than ever before.”
Cracking down on corporate landlords became a prominent talking point in last year’s presidential election. On the campaign trail, Vice President Kamala Harris called on Congress to pass previously introduced legislation eliminating tax benefits for large investors that purchase large numbers of homes.
“It can make it impossible then for regular people to be able to buy or even rent a home,” Ms. Harris said last summer.
In August, Representative Pat Ryan, Democrat of New York, called on the Federal Trade Commission to investigate price gouging by private-equity firms in the housing market. He cited a study that estimated that private-equity firms “are expected to control 40 percent of the U.S. single-family rental market by 2030.”
Statehouses across the country have recently looked at ways to tackle corporate homeownership. One effort in Nevada, which passed the Legislature but was vetoed by Gov. Joe Lombardo, proposed capping the number of units a corporation could buy in a calendar year. It was opposed by local chambers of commerce and the state’s homebuilders association.
A bill was introduced in the Minnesota State Legislature that would ban the conversion of homes owned by corporations into rentals. It has yet to come up for a vote.
At the federal level, Senator Jeff Merkley, Democrat of Oregon, and Representative Adam Smith, Democrat of Washington, introduced joint legislation that would force hedge funds to sell all the single-family homes they own over 10 years.
New York
N.Y. Prosecutors Urge Supreme Court to Let Trump’s Sentencing Proceed
New York prosecutors on Thursday urged the U.S. Supreme Court to deny President-elect Donald J. Trump’s last-ditch effort to halt his criminal sentencing, in a prelude to a much-anticipated ruling that will determine whether he enters the White House as a felon.
In a filing a day before the scheduled sentencing, prosecutors from the Manhattan district attorney’s office called Mr. Trump’s emergency application to the Supreme Court premature, saying that he had not yet exhausted his appeals in state court. They noted that the judge overseeing the case plans to spare Mr. Trump jail time, which they argued undermined any need for a stay.
The prosecutors, who had secured Mr. Trump’s conviction last year on charges that he falsified records to cover up a sex scandal that endangered his 2016 presidential campaign, implored the Supreme Court to let Mr. Trump’s sentencing proceed.
“There is a compelling public interest in proceeding to sentencing,” they wrote, and added that “the sanctity of a jury verdict and the deference that must be accorded to it are bedrock principles in our Nation’s jurisprudence.”
The district attorney’s office has so far prevailed in New York’s appellate courts, but Mr. Trump’s fate now rests in the hands of a friendlier audience: a Supreme Court with a 6-to-3 conservative majority that includes three justices Mr. Trump appointed. Five are needed to grant a stay.
Their decision, coming little more than a week before the inauguration, will test the influence Mr. Trump wields over a court that has previously appeared sympathetic to his legal troubles.
In July, the court granted former presidents broad immunity for official acts, stymying a federal criminal case against Mr. Trump for trying to overturn the 2020 election. (After Mr. Trump won the 2024 election, prosecutors shut down that case.)
The revelation that Mr. Trump spoke this week by phone with one of the conservative justices, Samuel A. Alito Jr., has fueled concerns that he has undue sway over the court.
Justice Alito said he was delivering a job reference for a former law clerk whom Mr. Trump was considering for a government position. But the disclosure alarmed ethics groups and raised questions about why a president-elect would personally handle such a routine reference check.
It is unclear whether Justice Alito will recuse himself from the decision, which the court could issue promptly.
Mr. Trump’s sentencing is scheduled to begin at 9:30 a.m. Friday in the same Lower Manhattan courtroom where his trial took place last spring, when the jury convicted him on all 34 felony counts.
If the Supreme Court rescues Mr. Trump on Thursday, returning him to the White House on Jan. 20 without the finality of being sentenced, it will confirm to many Americans that he is above the law. Almost any other defendant would have been sentenced by now.
“A sentencing hearing more than seven months after a guilty verdict is aberrational in New York criminal prosecutions for its delay, not its haste,” the prosecutors wrote.
The prosecutors also noted that Mr. Trump would most likely avoid any punishment at sentencing. The trial judge, Juan M. Merchan, has signaled he plans to show Mr. Trump leniency, reflecting the practical impossibility of incarcerating a president.
Still, Mr. Trump’s lawyers argued that the sentencing could impinge on his presidential duties. It would formalize Mr. Trump’s conviction, cementing his status as the first felon to occupy the Oval Office.
That status, Mr. Trump’s lawyers wrote in the filing to the Supreme Court, would raise “the specter of other possible restrictions on liberty, such as travel, reporting requirements, registration, probationary requirements and others.”
The court’s immunity ruling also underpinned Mr. Trump’s request to halt his sentencing. In the application, Mr. Trump’s lawyers argued that he was entitled to full immunity from prosecution — as well as sentencing — because he won the election.
“This court should enter an immediate stay of further proceedings in the New York trial court,” the application said, “to prevent grave injustice and harm to the institution of the presidency and the operations of the federal government.”
Mr. Trump’s application was filed by two of his picks for top jobs in the Justice Department: Todd Blanche, Mr. Trump’s choice for deputy attorney general, and D. John Sauer, his selection for solicitor general.
“Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as president of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests,” they wrote.
Whether that argument will prevail is uncertain. Some legal experts have doubted the merits of Mr. Trump’s application, and lower courts have greeted his arguments with skepticism.
Earlier Thursday, a judge on the New York Court of Appeals in Albany, the state’s highest court, declined to grant a separate request from Mr. Trump to freeze the sentencing.
Prosecutors noted that Mr. Trump had yet to have a full appellate panel rule on the matter, and that he had not mounted a formal appeal of his conviction. Consequently, they argued, the Supreme Court “lacks jurisdiction over this non-final state criminal proceeding.”
Also this week, a judge on the First Department of New York’s Appellate Divison in Manhattan rejected the same request to halt the sentencing.
That judge, Ellen Gesmer, grilled Mr. Trump’s lawyer at a hearing about whether he had found “any support for a notion that presidential immunity extends to president-elects?”
With no example to offer, Mr. Blanche conceded, “There has never been a case like this before.”
In their filing Thursday, prosecutors echoed Justice Gesmer’s concerns, noting that “This extraordinary immunity claim is unsupported by any decision from any court.”
They also argued that Mr. Trump’s claims of presidential immunity fell short because their case concerned a personal crisis that predated his first presidential term. The evidence, they said, centered on “unofficial conduct having no connection to any presidential function.”
The state’s case centered on a sex scandal involving the porn star Stormy Daniels, who threatened to go public about an encounter with Mr. Trump, a salacious story that could have derailed his 2016 campaign.
To bury the story, Mr. Trump’s fixer, Michael D. Cohen, negotiated a $130,000 hush-money deal with Ms. Daniels.
Mr. Trump eventually repaid him. But Mr. Cohen, who was the star witness during the trial, said that Mr. Trump orchestrated a scheme to falsify records and hide the true purpose of the reimbursement.
Although Mr. Trump initially faced sentencing in July, his lawyers buried Justice Merchan in a flurry of filings that prompted one delay after another. Last week, Justice Merchan put a stop to the delays and scheduled the sentencing for Friday.
Mr. Trump faced four years in prison, but his election victory ensured that time behind bars was not a viable option. Instead, Justice Merchan indicated that he would impose a so-called unconditional discharge, a rare and lenient alternative to jail or probation.
“The trial court has taken extraordinary steps to minimize any burdens on defendant,” the prosecutors wrote Thursday.
New York
When Carter Went to the Bronx
Good morning. It’s Thursday. Today, on a national day of mourning for former President Jimmy Carter, we’ll look at Carter’s relationship to New York. We’ll also get details on the decision by the city’s Board of Elections not to fire its executive director after investigators found that he had harassed two female employees.
President Jimmy Carter flew to New York in October 1977 to tell the United Nations General Assembly that he was “willing” to shrink the United States’ nuclear arsenal if the Soviet Union matched the reductions. The next day, he did something unannounced, unexpected and unrelated to foreign policy.
He went to the South Bronx.
It was a symbolic side trip to show that he was willing to face urban problems. Leaders like Vernon Jordan of the National Urban League had already begun to talk about dashed expectations: “We expected Carter to be working as hard to meet the needs of the poor as he did to get our votes,” Jordan had said a couple of months earlier. “But so far, we have been disappointed.”
Carter, a Democrat, wasn’t satisfied with driving through neighborhoods dominated by desolation and despair. “Let me walk about a block,” he told the Secret Service agents accompanying him, and he got out of the limousine.
That morning in the South Bronx became an enduring memory of his presidency. But there are other New York memories to remember today, a national day of mourning for Carter, who died on Dec. 29.
There was the high of his nomination in 1976, at the first national political convention held in Manhattan since the Roaring Twenties.
There was also the not-so-high of his nomination in the same place four years later, when haplessness seemed to reign: The teleprompter malfunctioned during his acceptance speech. He flubbed a line about former Vice President Hubert Horatio Humphrey, calling him “Hubert Horatio Hornblower.” The balloons didn’t tumble from the ceiling when they were supposed to. And his long feud with Senator Edward Kennedy simmered on.
Another New York memory now seems as improbable as Carter’s candidacy had once been: a high-kicking photo op with the Radio City Rockettes in 1973. Carter, then a Georgia governor who had taught Sunday school, hammed it up with dancers who showed a lot of leg. (The governor, joining the kick line in his crisp suit, did not.)
Carter was an ambitious Navy lieutenant turned peanut farmer turned politician, and he understood what New York could do for him. The Carter biographer Jonathan Alter wrote that the publicity stunt with the Rockettes helped bring him name recognition, as did a full-page ad in Variety that showed him in a director’s chair. The ad, and that trip to New York, promoted a push to lure filmmaking to Georgia.
By the time Carter went to the South Bronx, 10 months into his presidency, New York was struggling to pull out of its “Ford to City: Drop Dead” abyss. But whatever hope Carter seemed to bring soon faded: A week later, during a World Series game at Yankee Stadium, the sportscaster Howard Cosell supposedly said, “Ladies and gentlemen, the Bronx is burning.”
“Somehow that sentence entered the language, though he never said that, or exactly that,” Ian Frazier explained in his book “Paradise Bronx.” “In any case, it’s what people remember.”
People yelled “Give us money!” and “We want jobs!” as Carter went by. On one ruined block, “he stood looking around, his expression blank and dazed,” Frazier wrote. “For a president to allow himself to be seen when he appears so overwhelmed required self-sacrifice and moral fortitude.”
With him was Mayor Abraham Beame, a lame duck — but not Representative Ed Koch, who had defeated Beame in the Democratic primary and would be elected mayor in November. The president and the mayor-in-waiting were feuding over Middle East policy.
Back at his hotel, Carter called it “a very sobering trip.” And as Frazier noted, the drive-by made America look at “this place that most had been looking away from.”
Politicians stopped looking away: The stretch of Charlotte Street that he visited became a stop on campaign after campaign. “Reagan went there in 1980 to try to show up Carter,” Alter said. But the policy Carter pushed for in response to the poverty he saw — changes that effectively forced banks to provide home loans in low-income neighborhoods — worked, Alter said. “It just took a while.”
A few years later, there were more than 100 suburban-style houses in the neighborhood Carter walked through. Today the houses are worth roughly $750,000 apiece, according to the real estate website Trulia.
“He cared about people — he wanted to help people,” Alter said. “Jimmy Carter was a rural Georgian, but he had a lot of empathy for New Yorkers who needed a break.”
Weather
Today will be mostly sunny and breezy with a high near 34 degrees. Tonight, expect a mostly clear sky, strong winds and a low near 26.
ALTERNATE-SIDE PARKING
In effect until Jan. 20 (Martin Luther King’s Birthday).
The latest New York news
City election board opted not to fire an official who harassed female workers
The New York City Board of Elections — which is responsible for registering voters, repairing voting machines and tallying ballots — refused to dismiss its top official after he harassed two female employees, according to a report released by the city’s Department of Investigation.
Investigators found that the board’s executive director, Michael Ryan, had “created a hostile work environment for these two employees” in violation of the board’s own policies. The investigation department added that those policies had “serious deficiencies” that limited the board’s ability “to effectively prevent and address workplace misconduct and harassment.”
The board released a statement defending its decision not to fire Ryan, who was suspended for three weeks without pay and ordered to attend sensitivity training. The board’s statement quoted Ryan as apologizing for his actions.
“While I dispute these allegations and disagree with the report’s conclusion,” he said, “I accept the determination of the commissioners” to suspend him as being “in the best interest of the agency.”
According to the report from the investigation department, Ryan made a series of sexual comments to one female employee over several months, some of which were accompanied by physical gestures such as puckering his lips at her or touching her face with his hand.
He also engaged in a conversation with Michael Corbett, the board’s administrative manager, in the presence of the woman about what the best age gap might be in a heterosexual relationship. The two men determined that the age difference between her and Ryan would not be a problem, investigators said.
Investigators said that Ryan’s conduct had caused the woman “significant anxiety and emotional distress,” which figured in her decision to leave her job.
Investigators also found that Ryan had made “ethnicity- and gender-based comments toward” a second female employee, including some that trafficked in racial stereotypes.
Corbett was also suspended for one week, placed on probation for one year and ordered to attend sensitivity training.
Rodney Pepe-Souvenir, the president of the board of commissioners that oversees the agency, and Frederic Umane, its secretary, said in the statement released on Wednesday that they believed the penalties Ryan was given “sent a strong message that these types of unwelcomed and insensitive comments will not be tolerated by anyone” at the Board of Elections.
METROPOLITAN diary
In the bag
Dear Diary:
I was waiting in line to pick up a prescription at a crowded Duane Reade. An older woman who was clearly exhausted left the line to sit down in a nearby chair.
When it was her turn to get her prescription, she stood up, left her belongings on the chair and went to the counter.
While waiting for the pharmacist, she turned and looked at the man who was sitting next to where she had been.
“You know what’s in that bag?” she asked, motioning toward her stuff.
The man shook his head.
“My husband,” she said. “He died last week, and I have his remains in there.”
— Brad Rothschild
Illustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.
Glad we could get together here. See you tomorrow. — J.B.
P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.
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