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When an act of gun violence occurs, who — in the eyes of the law — is considered a victim?
A new lawsuit filed by witnesses to last year’s racist massacre of 10 people in Buffalo, New York, will put the question to a judge, and the outcome could alter how Americans view gun violence going forward. On Wednesday, NBC News reported that 16 people who endured a mass shooting by a white supremacist at a Tops grocery store are suing several companies:
The lawsuit, brought Tuesday by the nonprofit group Everytown for Gun Safety and exclusively obtained by NBC News, names multiple defendants, including YouTube and Reddit, online spaces where the shooter was allegedly radicalized, as well as the retailer that sold the shooter’s gun and the manufacturer of his body armor. The suit, which also names the shooter’s parents, was filed in New York Supreme Court.
The plaintiffs include Tops employees and customers who were at the store during the massacre, according to NBC News:
The 16 plaintiffs, most of whom worked at Tops, as well as some customers, survived the racist attack but had to endure moments of terror that left lasting effects, such as nightmares, trouble sleeping, anxiety and paranoia, the lawsuit alleges. Some, according to the lawsuit, have even been unable to return to work at Tops or other jobs.
NBC News reported that YouTube was the only defendant immediately available for comment. A YouTube spokesperson said in a statement: “We have the deepest sympathies for the victims and families of the horrific attack at Tops grocery store in Buffalo last year. Through the years, YouTube has invested in technology, teams, and policies to identify and remove extremist content. We regularly work with law enforcement, other platforms, and civil society to share intelligence and best practices.”
This suit differs from a wrongful death lawsuit filed against several of the same defendants — and additional social media companies — in July by family members of people killed in the Buffalo massacre. The new lawsuit is rare in that it involves people who may not have been left with visible injuries, but who contend they’ve suffered psychologically from the experience.
I’m fascinated by the idea of a lawsuit that hinges on the alleged culpability of social media companies and gun retailers in facilitating psychological harm.
This is something I will absolutely be following closely in the coming months. I’m fascinated by the idea of a lawsuit that hinges on the alleged culpability of social media companies and gun retailers in facilitating psychological harm. My mind instantly starts to imagine the potential that such case law, if successful, might have for other victims who can show a link between their post-traumatic stress and the media and violence they observed.
For example, New York Mayor Eric Adams, a former police officer, has been a prominent voice criticizing social media platforms over drill music. Adams and others of his ilk say the the genre, popularized by young Black men, fuels gang violence — the kind that can leave survivors with post-traumatic stress.
I’m intensely skeptical of this logic when it’s deployed as an excuse for police to crack down on Black folks. But I’m intrigued by its potential use in a civil suit down the line, particularly if the Buffalo lawsuit succeeds. If survivors of the Buffalo massacre can prove that certain companies helped fuel the terror they now experience, I can imagine that scores of other witnesses to violence will want their day in court as well.