6
TWITTER, INC. v. TAAMNEH
Syllabus
of mind with respect to their actions and the tortious conduct (even if
not always the particular terrorist act). Finally, the Ninth Circuit appears to have regarded Halberstam’s six substantiality factors as a sequence of disparate, unrelated considerations without a common conceptual core. In doing so, the Ninth Circuit focused primarily on the
value of defendants’ platforms to ISIS, rather than whether defendants culpably associated themselves with ISIS’ actions. Pp. 27–29.
(3) There is also one set of allegations specific to Google: that
Google reviewed and approved ISIS videos on YouTube as part of a
revenue-sharing system and thereby shared advertising revenue with
ISIS. But the complaint here alleges nothing about the amount of
money that Google supposedly shared with ISIS, the number of accounts approved for revenue sharing, or the content of the videos that
were approved. Nor does it give any other reason to view Google’s revenue sharing as substantial assistance. Without more, plaintiffs thus
have not plausibly alleged that Google knowingly provided substantial
assistance to the Reina attack, let alone (as their theory of liability
would require) every single terrorist act committed by ISIS. Pp. 29–
30.
(d) The concepts of aiding and abetting and substantial assistance
do not lend themselves to crisp, bright-line distinctions. Applying the
guideposts provided by the common law and Halberstam, the nexus
between defendants and the Reina attack is far removed. As alleged
by plaintiffs, defendants designed virtual platforms and knowingly
failed to do “enough” to remove ISIS-affiliated users and ISIS-related
content from their platforms. Yet, plaintiffs have failed to allege that
defendants intentionally provided any substantial aid to the Reina attack or otherwise consciously participated in it—much less that defendants so pervasively and systemically assisted ISIS as to render
them liable for every ISIS attack. Plaintiffs accordingly have failed to
state a claim under §2333(d)(2). Pp. 30–31.
2 F. 4th 871, reversed.
THOMAS, J., delivered the opinion for a unanimous Court. JACKSON, J.,
filed a concurring opinion.