The 9th U.S. Circuit Court of Appeals incorrectly characterized t...
The 9th U.S. Circuit Court of Appeals incorrectly characterized the Section 230 defense for interactive computer services in a recent decision (WID May 12 p3), said an amicus brief Thursday asking it to delete the relevant portion. The Center…
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for Democracy and Technology, Public Citizen, Citizen Media Law Project and Electronic Frontier Foundation filed the brief in Barnes v. Yahoo. In its decision the court said district courts shouldn’t allow Communications Decency Act Section 230 defenses to be raised on a motion to dismiss, the brief said. “This dictum is not only contrary to the Court’s precedent, but threatens significant mischief, both by throwing the Court’s precedents into question and by forcing immune providers of interactive computer services to defend tort suits on the merits while they wait for district courts to decide motions for judgment on the pleadings.” At the least, the dictum could cause confusion in lower courts, the brief said. It supported Yahoo’s petition for rehearing to remove the dicta.