BUFFALO, N.Y. — As they await a judge's decision on whether part of their civil suit against social media companies can go forward, families of those killed in the May 14, 2022 mass shooting in Buffalo are also hoping for new rules governing online platforms.
"We're looking for justice, we're looking for accountability, and we're looking for change," said Garnell Whitfield, whose mother was among the ten people murdered in the mass shooting at the Tops Market on Jefferson Avenue.
Whitfield was in attendance at a recent hearing where lawyers representing several widely used social media platforms pushed a judge to dismiss the claims against them in a civil suit filed by 5/14 families.
Lawyers for those families contend teenage gunman Payton Gendron, through his use of social media, became exposed to racist ideology and radicalized to the point of executing a plot to seek to kill black people. They further contend that the social media companies bear some responsibility for that.
Moreover, under a theory of product liability, they contend social media is a product, designed to addict its users and which comes with no warning labels to that effect.
"There's not too many things in our society that do not come with labels containing admonitions in terms of its proper use," said Whitfield. "How is it that they (social media platforms) do not have to tell people about the dangers of their products?"
In seeking to dismiss, lawyers for the social media companies contend there are no current laws, product liability or otherwise, under which they can be held responsible for the actions of a third-party user.
For that to occur it might literally take an act of Congress.
"We do need more regulation of social media companies," said US Rep. Nick Langworthy (R-NY 23). "This (social media) influences many, many lives, especially in our youngest people in particular that are the most vulnerable and impressionable."
Additionally, Langworthy says there needs to be comprehensive legislation on social media that might prevent it from promoting only certain political views while suppressing or canceling others, and for the protection of children from online predators.
"We have to hold these guys accountable so that our kids don't have access to some of these very harmful things or harmful people don't have access to our kids," Langworthy said.
More than a decade before the mass shooting there was another incident locally that resulted in mass loss of life.
Not at the hands of a gunman, but at the those of an inexperienced pilot.
And, through their grief and legal battles, the families of those killed in the February 2009 crash of Flight 3407 were compelled to fight for change.
When asked if he and others whose loved ones were killed in the mass shooting see a parallel between themselves and the 3407 families Whitfield replied, "Absolutely. In terms of us advocating for change and justice we have some similarities absolutely."
In the case of the 3407 families, the fight was for more vigorous pilot training and air safety.
In the case of 5/14 families, it may be for tighter gun control or regulation of social media.
In remarks similar to those expressed by 3407 families Whitfield said he and others are seeking changes in memory of their loved ones lost.
"We do this in honor of them and to hopefully keep it from happening to anybody else," he said.
Whitfield is also quite aware that it will be a long battle by noting, "Even now, some of the change that was wrought from their (3407) advocacy is now in danger of being peeled back."
Similarly, he expects that any change that might occur as a result of the efforts of 5/14 families to be under constant attack from powerful and deep-pocketed foes.
"It's never going to be over. They (social media companies) have a lot of money and a lot of influence and so we'll have to continue that fight. And I expect that will be for the rest of our lives," he said.