--- Date: Thu, 04 Dec 2003 10:08:41 -0500 From: "Paul Levy" <PLEVY@private> To: <declan@private> Subject: Batzel v. Cremers rehearing petition finally denied Mime-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit Content-Disposition: inline What's important to remember here is that although the three dissenters charge the majority of going too far, EVERYBODY here accepts the basic Zeran rule that the the provider of a bulletin board or interactive email list is immune from libel suit etc under the CDA. I do think that folks who run "moderated listserv's" are out of the woods yet, though, expecially those like yourself who pick and choose their material. Ron Gould's arguments are very powerful and they may well pick up sympathetic judges in other circuits. 9TH CIRCUIT DENIES REHEARING IN BATZEL V. SMITH The 9th Circuit Court of Appeals has denied an application for a re-hearing in the Batzel v. Smith case, which involves the application of the intermediary statutory immunity provided by the CDA s. 230. Several judges dissented from the opinion, arguing that the interpretation is wrong in light of Congress's intent and that it will harm persons defamed on the Internet. Decision at http://caselaw.lp.findlaw.com/data2/circs/9th/0156380pv2.pdf Paul Alan Levy Public Citizen Litigation Group 1600 - 20th Street, N.W. Washington, D.C. 20009 (202) 588-1000 http://www.citizen.org/litigation/litigation.html _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
This archive was generated by hypermail 2b30 : Thu Dec 04 2003 - 14:09:27 PST