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Meta, Twitter and Proctor & Gamble Seek Dismissal of RICO Lawsuit

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Bangkok, Thailand - July 13, 2019 : iPhone user touching Facebook logo on iPhone screen to open the app.

Motions to dismiss filed this week by Meta Platforms, Twitter, their leaders, and the Proctor & Gamble Company (P&G) aimed to end a lawsuit brought by two-time congressional candidate Laura Loomer, who ran for office in Florida. Her suit alleges “a wide-ranging conspiracy involving social media giants, other elements in corporate America and high-level officials in the Executive Branch of the United States government, to unlawfully censor conservative voices and interfere with American elections.”

Defendant Meta Platforms argued that Loomer’s fourth lawsuit, in part challenging Meta’s decisions to suspend and ban her from Facebook account for violating its hate speech policies, fares no better than her previous suit.

Loomer’s operative 118-page complaint filed in August asserts two Racketeer Influenced and Corrupt Organizations (RICO) claims against the aforementioned defendants as well as unnamed culprits within the FBI and “corporate America.” It claims that the social media defendants illegally censored people and viewpoints and that all defendants illegally interfered with the 2020 Presidential election.

The lawsuit seeks damages of over $5 billion.

Meta’s motion to dismiss asserts that the suit is “long on salacious and frequently non-sensical allegations but short on allegations that would support a viable RICO claim.”

The filing points to Loomer’s previous agreement to a with-prejudice dismissal of a suit raising claims based on the removal of her Facebook account. “She cannot recycle those same claims here under the guise of a RICO suit,” the filing says. Meta also props up its motion with other defenses, including failure to state a claim, and Section 230 of the Communications Decency Act.

P&G’s motion to dismiss recounts Loomer’s allegations that in May 2019, P&G came forward with a list of persons who were to be banned from Facebook unless those persons disavowed the Proud Boys. The company claims that this “implausible allegation,” was made without any supporting facts. Further, it says the complaint does not tie P&G to Loomer or the other defendants, causing her conspiracy-based RICO claims to fail.

The case is before Magistrate Judge Laurel Beeler, and the motion to dismiss hearing is scheduled for January 2023.

Meta Platforms is represented by Wilmer Cutler Pickering Hale and Dorr LLP, Twitter by Jenner & Block LLP, P&G by corporate counsel. Loomer is represented by John Pierce Law and previously by Bob Barr.

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