On Nov. 3, the Fourth Circuit Court of Appeals rendered a decision in Henderson v. Private Data that could revolutionize the internet, concluding that Section 230 of the Communications Decency Act does not immunize “all” online publication decisions. The Fourth Circuit Court just determined Section 230(c)(1) no longer protects a service provider when it acts upon third-party content (i.e., as a secondary publisher or content provider), especially if those substantive contributions are unlawful.
Simply put, we have been right all along, and we now have the conflicting circuit court precedent to prove it. The Supreme Court needs to consider the Fourth Circuit’s arguments and address this split between circuits.
As I’ve also discussed in Human Events and The Gateway Pundit, Section 230 has two distinct problems. Section 230(c)(1) is untenable “as applied” and it is unconstitutional “on its face.”
Prior to the Fourth Circuit Court’s Henderson decision, most courts, relying on longstanding precedent like Zeran v. AOL inc., wrongly believed Section (c)(1), not 230(c)(2), “shields from liability all publication decisions, whether to edit, to remove, or to post, with respect to content generated entirely by third parties.” This statement, taken out of context, is wrong.
thefederalist.com
Simply put, we have been right all along, and we now have the conflicting circuit court precedent to prove it. The Supreme Court needs to consider the Fourth Circuit’s arguments and address this split between circuits.
As I’ve also discussed in Human Events and The Gateway Pundit, Section 230 has two distinct problems. Section 230(c)(1) is untenable “as applied” and it is unconstitutional “on its face.”
Prior to the Fourth Circuit Court’s Henderson decision, most courts, relying on longstanding precedent like Zeran v. AOL inc., wrongly believed Section (c)(1), not 230(c)(2), “shields from liability all publication decisions, whether to edit, to remove, or to post, with respect to content generated entirely by third parties.” This statement, taken out of context, is wrong.
Court: Sec. 230 ‘Is Not License To Do Whatever One Wants Online’
The Fourth Circuit Court of Appeals just fixed 230(c)(1), creating a conflict with the Ninth Circuit Court. Will the Supreme Court step in?
thefederalist.com