National
11th Circuit: Big Tech not liable for role in 2016 Pulse nightclub shooting
Three-judge panel says act not ‘international terrorism’ under law
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.
Florida
Disney’s Gay Days ‘has not been canceled’ despite political challenges
GayDays is moving forward with its planned LGBTQ meet-up
Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.
Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.
In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.
“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”
Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.
In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.
“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”
In a longer message shared with supporters, organizers elaborated on that now-reversed decision.
“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.
“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”
GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.
Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.
Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.
Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.
Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.
Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.
More details about this event are expected to be released on Friday.
New York
Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks
The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.
A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.
The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.
In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”
The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.
The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.
This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark.
Puerto Rico
Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga
Puerto Rican activist celebrates half time show
Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.
Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.
“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”
La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.
“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”
Attitude! French ice dancers nail ‘Vogue’ routine
Philippines Supreme Court rules same-sex couples can co-own property
Disney’s Gay Days ‘has not been canceled’ despite political challenges
Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks
Capital Pride wins anti-stalking order against local activist
LGBTQ Venezuelans in Colombia uncertain about homeland’s future
D.C. bar Rush facing eviction on charge of failing to pay rent
Blade, Pride House LA announce 2028 Olympics partnership
Calendar: February 6-12
