Re: more bad lawyering about Parler

[William Herrin <bill () herrin us>]

On Mon, Jan 11, 2021 at 2:19 AM Danny O'Brien <danny () spesh com> wrote:
> On Sun, Jan 10, 2021 at 8:54 PM William Herrin <bill () herrin us> wrote:
> > there have been some real post-CDA head scratchers where
> > a court decided that an online service exercised sufficient control of
> > the content to have made itself a publisher.
>
> You really need to give citations here, because IMHO not only is this *exactly* the scenario that Section 230 was 
> intended to provide legal clarity regarding (and so protect service providers from this kind of moderation 
> double-bind), but as I understand it pretty much all the subsequent caselaw has *strengthened* the ability for 
> providers to moderate and manage content, including user-generated content, without triggering liability.

Well, for example, Oberdorf v. Amazon.com, No. 18-1041 (3rd Cir. July
3, 2019) which found that Amazon was a seller of goods and not merely
hosting information about a third party's sale, and thus subject to
product liability law for the product that was sold. But in the Erie
Insurance case, with similar circumstances, the court found the
opposite, that section 230 barred the plaintiff from suing Amazon over
a defective third-party product.

Regards,
Bill Herrin


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