Fentanyl Death Suit Against Snapchat Could Signal Change In Section 230's Protection

Social media is a dangerous place. Especially when hosts do little to mitigate the risks.

snapchat-logo-2D9C3E7ADA-seeklogo.comRemember Snapchat? The little yellow app with the disappearing messages? It was a go-to for maintaining streaks and sharing snippets of parties, conversations, and pictures that you didn’t want to leave stains on your digital blueprint. It has also been a go-to for drug dealers — some of whom target kids. The parents of these children aren’t just stopping at the dealers, they want to get Snapchat on the hook for facilitating the exchanges. Usually Section 230 of of the Communications Decency Act would shield Snapchat from even having to deal with the suit. This is not one of those times. From NBC News:

A California judge allowed a lawsuit against Snap brought by the relatives of children who overdosed on drugs allegedly purchased using the app to proceed to trial in a ruling Tuesday…An extended version of the complaint filed in April 2023 said that “Snap and Snapchat’s role in illicit drug sales to teens was the foreseeable result of the designs, structures, and policies Snap chose to implement to increase its revenues.”

The decision to let the lawsuit through could cost the company a lot of money. Even if Snapchat “wins,” the costs of litigation could run up a hell of a bill. If they settle the case instead, similar claims may pop up down the line not only for them, but for other big players like X (let’s be honest, its still Twitter) and Meta. Meta’s subsidiaries Facebook, Instagram, and Whatsapp are frequently used to distribute drugs. Instagram and Messenger have vanish modes that erase messages once the recipient reads them, much like Snapchat.

Judge Allows Lawsuit Against Snap From Relatives Of Dead Children To Move Forward [NBC News]


Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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