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11th Circuit: Big Tech not liable for role in 2016 Pulse nightclub shooting

Three-judge panel says act not ‘international terrorism’ under law

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A federal appeals court in Atlanta has upheld a decision finding social media companies aren’t liable in the 2016 Pulse nightclub mass shooting for giving the shooter access to ISIS propaganda found to have inspired the attack.

In a 31-page decision issued on Wednesday, a three-judge panel on the U.S. Eleventh Circuit Court of Appeals found the trio of Big Tech companies named in the case — Twitter, Facebook and Google — can’t be sued for their role in the shooting despite arguments they illegally aided and abetted the shooter under the Anti-Terrorism Act.

“We are deeply saddened by the deaths and injuries caused by Mr. Mateen’s rampage, but we agree with the district court that the plaintiffs failed to make out a plausible claim that the Pulse massacre was an act of ‘international terrorism’ as that term is defined in the ATA,” the decision says. “And without such an act of ‘international terrorism,’ the social media companies—no matter what we may think of their alleged conduct—cannot be liable for aiding and abetting under the ATA.”

The panel consisted of U.S. Circuit Judge Adalberto Jordan, an Obama appointee; U.S. Circuit Judge Adalberto Jordan, a Trump appointee; and U.S. Circuit Judge Julie Carnes, another Obama appointee. Jordan wrote the decision on behalf of the judges.

The mass shooting led to the deaths of 49 patrons and injured 53 others, mainly Latino because of the Latino theme of the gay nightclub that night, and at the time was the deadliness mass shooting in the U.S. history. (A shooting Las Vegas the following year claimed 60 lives and surpassed fatalities at the Pulse nightclub.)

The shooter, Omar Mateen, had declared allegiance to the Islamic State of Iraq and Syria, also known as ISIS and a designated foreign terrorist organization, which later claimed responsibility. Upon review after the attack, Mateen was found to have used Facebook to write posts and make searches about ISIS — and was even found to have been searching for ISIS content as he was perpetuating the assault.

The survivors and estates of the victims making up the 62 plaintiffs in the case argued the social media companies were liable under the Anti-Terrorism Act, which make criminal aiding and abetting in a terrorist attack.

But, as the 11th Circuit points out, ISIS despite claiming responsibility for the attack and was never found to have engaged in planning the massacre, or was even aware of his plans, therefore not liable under the Anti-Terrorism Act. Instead, the court finds Mateen was “self-radicalized,” making a distinction between his attack and an act of international terrorism as defined under the law

“Mr. Mateen was self-radicalized while living in Florida and committed mass murder there,” the decision says. “A case involving a foreign terrorist who is radicalized overseas, plans his attack there, and then travels to the United States (or elsewhere) to commit an act of mass destruction may well fit the § 2332(1)(C) bill. … But this case, given the allegations in the complaint, is not close to that hypothetical.”

The plaintiffs had also sought damages from the Big Tech companies under Florida state law for negligent infliction of emotional distress and wrongful death.. The 11th Circuit, however, also rejected that argument on the basis they failed to adequately brief proximate the argument and therefore abandoned the challenge.

The 11th Circuit upholds a decision from a federal district court in Florida throwing out the case. Another court, the U.S. Ninth Circuit Court of Appeals, made a similar ruling last year in a separate case, finding social media companies weren’t liable for the San Bernardino, California shooting in 2015.

Attorneys for the plaintiff victims and survivors didn’t immediately respond Friday to the Washington Blade’s request to comment on whether or not they would seek review of the decision, either by “en ban” consideration of the full court or a petition for review to the U.S. Supreme Court. Representatives for social media companies also didn’t immediately respond to the Blade’s request to comment.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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