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Fourth Circuit Takes a Wrecking Ball to Zeran and Section 230–Henderson v. Public Data

Posted on November 5, 2022 by pogowasright.org

Eric Goldman writes:

Ugh, this Fourth Circuit opinion is terrible. I instantly knew it was written by a Trump appointee from the Federalist Society because it had the characteristic self-assured yet sloppy writing style. And what’s the deal with Justice Thomas fandom among those judges? This opinion gives 4 gratuitous cites to Thomas dissents.

This opinion does extensive damage to Section 230, including seemingly overwriting core parts of the seminal Section 230 case, Zeran v. AOL. The associated chaos will likely continue until the Supreme Court’s Gonzalez decision, which will likely do so much greater damage to Section 230 that this opinion’s troubles will seem minor in comparison.

Read more at Technology & Marketing Law Blog.

Category: CourtFeatured NewsLawsU.S.

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