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Pastimes : Investment Chat Board Lawsuits

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Jeffrey S. Mitchell
To: Jeffrey S. Mitchell who wrote (12228)7/2/2018 7:07:59 PM
From: SI Dave1 Recommendation  Read Replies (1) of 12465
 
Dawn L. Hassell v. Ava Bird
YELP, Inc, Appellant

Supreme Court, California
On appeal from the Appellate Court 1/4 A143233

July 2, 2018

Opinion

Key excerpts:

The Court of Appeal rejected Yelp’s arguments. We reverse. The Court of Appeal erred in regarding the order to Yelp as beyond the scope of section 230. That court reasoned that the judicial command to purge the challenged reviews does not impose liability on Yelp. But as explained below, the Court of Appeal adopted too narrow a construction of section 230. In directing Yelp to remove the challenged reviews from its website, the removal order improperly treats Yelp as “the publisher or speaker of . . . information provided by another information content provider.” (§ 230(c)(1).) The order therefore must be revised to comply with section 230.
The question here is whether a different result should obtain because plaintiffs made the tactical decision not to name Yelp as a defendant. Put another way, we must decide whether plaintiffs’ litigation strategy allows them to accomplish indirectly what Congress has clearly forbidden them to achieve directly. We believe the answer is no.
To summarize, we conclude that in light of Congress’s designs with respect to section 230, the capacious language Congress adopted to effectuate its intent, and the consequences that could result if immunity were denied here, Yelp is entitled to immunity under the statute. Plaintiffs’ attempted end-run around section 230 fails.
And, (emphasis added):
For almost two decades, courts have been relying on section 230 to deny plaintiffs injunctive relief when their claims inherently treat an Internet intermediary as a publisher or speaker of third party conduct. Certainly in some instances where immunity has been recognized prior to judgment, the plaintiff was in fact defamed or otherwise suffered tortious harm susceptible to being remedied through an injunction. Yet Congress has declined to amend section 230 to authorize injunctive relief against mere republishers, even as it has limited immunity in other ways. (See Pub.L.No. 115-164, §4 (April 11, 2018) 132 Stat. 1253 [amending section 230 to add section 230(e)(5), clarifying that immunity does not apply to certain civil claims and criminal actions associated with sex trafficking].) Although this acquiescence is not itself determinative, it provides a final indication that the dissenting justices are simply substituting their judgment for that of Congress regarding what amounts to good policy with regard to online speech. But that is not our role.
Props to those justices who understand that it is role of the courts to interpret the laws passed by Congress, and that it is the role of Congress to reflect the will of the people and when policy/law changes should be made. As it should be since judges are appointed (for life) whereas Congress faces re-election.
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