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Section 230 On Appeal (47 USC 230(c)(1))

Archive for April 2010

Sixth Circuit: Section 230 is not Absolute

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One of the first posts here summarized a federal district court decision involving SexSearch.com. The court dismissed plaintiff’s claims (all 14 of them) against the website, relying on both FRCP 12(b)(6) and Section 230.

On appeal, the Sixth Circuit affirmed the lower court’s dismissal, but on non-Section 230 grounds. I only mention it here because of a few lines in the opinion that strongly hint at how the panel viewed the district court’s application of Section 230:

Because we agree with the district court that Doe’s complaint failed to state a claim, we do not reach the question of whether the Communications Decency Act provides SexSearch with immunity from suit. We do not adopt the district court’s discussion of the Act, which would read ยง 230 more broadly than any previous Court of Appeals decision has read it, potentially abrogating all state- or common-law causes of action brought against interactive Internet services. We do not have before us any issue concerning the criminal liability of the parties or the voidability of contracts for sexual services. . . . [We] explicitly reserve the question of [Section 230's] scope for another day.

To my knowledge this would have been the Sixth Circuit’s first foray into constructing Section 230. While it took a rain check, the panel clearly signaled to lower courts that it doesn’t consider the statute an absolute bar to all causes of action.

I’m not sure why the ruling noted the absence of any criminal liability or contract voidability issues. Presumably neither issue would have been quashed by Section 230. But then again perhaps I’m just a little rusty.

Written by Michael Erdman

Monday, April 12, 2010 at 4:32 pm

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