Newton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSHUA NEWTON, et al., Case No. 23-cv-00116-JD

Plaintiffs,

ORDER RE DISMISSAL

v.

META PLATFORMS INC., Defendant.

12 Plaintiffs Joshua and Alexander Newton allege that defendant Meta Platforms, Inc., banned them from advertising their feature film on the Facebook platform. Dkt. No. 1. The complaint makes claims for breach of contract, fraud, and intentional infliction of emotional distress (IIED), and seeks damages for lost ticket sales and emotional suffering. Id. Facebook asks to dismiss the complaint with prejudice under Federal Rule of Civil Procedure 12(b)(6), Dkt. No. 17, which the Newtons oppose, Dkt. No. 26. The complaint is dismissed with leave to amend. BACKGROUND As alleged in the complaint, Facebook updated its Community Standards in October 2020 to manage Holocaust disinformation on the platform. Dkt. No. 1 ¶¶ 36–38. In September 2022, the Newtons released Beautiful Blue Eyes, a film about a man who confronts a Nazi…