U.S. Supreme Court Narrows Scope Of Liability Under Anti-Terrorism Act

• Jurisdiction: United States,Federal
• Author: Mr Steven T. Cottreau (Steve), James Gauch, Fahad Habib, Christopher Lovrien, C. Kevin Marshall, Yaakov M. Roth, Emily Goldberg Knox, Gabrielle Pritsker and Justin D. Rattey
• Law Firm: Jones Day
• Published date: 30 May 2023

The U.S. Supreme Court unanimously decided Twitter v. Taamneh, clarifying the meaning of key provisions in the Anti-Terrorism Act ("ATA") and the pleading standard for aiding-and-abetting claims under that law.

On May 18, 2023, the Supreme Court issued its decision in the high-profile Twitter v. Taamneh. Twitter and other social media companies were accused of enabling the Islamic State of Iraq and Syria ("ISIS") to fundraise, recruit members, and distribute propaganda. The plaintiffs include the family members of a victim of the 2017 attack at an Istanbul nightclub, allegedly perpetrated by ISIS. Under the ATA and the 2016 Justice Against Sponsors of Terrorism Act ("JASTA"), such plaintiffs can bring claims against persons and entities that aid and abet acts of international terrorism "by knowingly providing substantial assistance." 18 U.S.C. ' 2333(d)(2). The U.S. Court of Appeals for the Ninth Circuit allowed the plaintiffs' claims against Twitter stemming from the attack on the Istanbul nightclub to move...