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United States District Court for the Northern District of California, San Jose Division
February 18, 2022, Decided; February 18, 2022, Filed
Case No. 21-cv-00570-BLF
[*1001] ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND; AND DISMISSING ACTION WITH PREJUDICE
[Re: ECF 23]
Plaintiffs are former United States Ambassador Marc Ginsberg ("Ambassador Ginsberg") and an organization he created, Coalition for a Safer Web ("CSW"). CSW's mission is to prevent terrorist and extremist groups from using social media platforms to further their agendas. Plaintiffs assert that such groups routinely use Telegram, an instant messaging app, to disseminate racist speech and incite violence against Jewish people and people of color. Plaintiffs seek to impose liability against Defendant Google Inc. ("Google") based on the availability of Telegram in Google's online Play Store. The operative first amended complaint ("FAC")1 asserts [*1002] claims against Google for negligent infliction [**2] of emotional distress and violations of California's Unfair Competition Law ("UCL), Cal. Bus. & Prof. Code § 17200 et seq.
Google moves to dismiss the FAC under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. The Court has considered the parties' briefing, the oral arguments presented by counsel at the hearing on January 13, 2022, and the supplemental list of cases filed by Plaintiffs on January 21, 2022 with leave of the Court.
The motion to dismiss is GRANTED WITHOUT LEAVE TO AMEND and the action is DISMISSED WITH PREJUDICE.
Ambassador Ginsberg has had a notable career in public service and in the public eye. He has served as a White House liaison for the Secretary of State, a Deputy Senior Advisor to the President for Middle East Policy, and a United States Ambassador to Morocco. FAC ¶ 5. He was the first Jewish United States Ambassador to an Arab country. Id. ¶ 7. Ambassador Ginsberg has addressed Jewish groups in the United States and throughout the Arab world on the importance of Judaism and Israel, and he is involved with a number of synagogues in Maryland, where he resides. Id. ¶ 6. He has been subjected to two assassination attempts due to his religious beliefs. Id. ¶ 7.
"Ambassador [**3] Ginsberg created the Coalition for a Safer Web to compel social media platforms to end their tolerance of anti-Semitism and their enabling of extremist groups to operate with impunity over social media." FAC ¶ 8. CSW employs Ambassador Ginsberg and reimburses him for business use of his Android smartphone, a Samsung Galaxy Express. Id. ¶¶ 9, 13. Ambassador Ginsberg purchases Google products in part because of the apps available through the Google Play Store. Id. ¶ 25.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
586 F. Supp. 3d 998 *; 2022 U.S. Dist. LEXIS 30166 **; 2022 WL 504166
AMBASSADOR MARC GINSBERG and COALITION FOR A SAFER WEB, Plaintiffs, v. GOOGLE INC., Defendant.
guidelines, developers, Plaintiffs', prong, publisher, violence, users, provider, emotional distress, motion to dismiss, interactive, website, computer service, leave to amend, third party, incite, unfair, economic injury, reasonable care, allegations, religious, immunity, policies, online, iPod, promissory estoppel, alleged facts, present case, smartphone, profiles