· 10/21/2003
John Doe and Other Members of the Football Team at Illinois State University v. Gte Corporation and Genuity Inc.
Citations
- 347 F.3d 655
- 2003 U.S. App. LEXIS 21345
- 2003 WL 22389811
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “entities that know the information’s content do not become liable for the sponsor’s deeds,” and noting that § 230(c) preempts contrary state law
- stating that the activity of the internet service provider “does not satisfy the ordinary understanding of culpable assistance to a wrongdoer, which requires a desire to promote the wrongful venture’s suecess” (emphasis added)
- explaining that failure to obtain the consent of all defendants “could have justified a remand,” but because plaintiff failed to raise the issue within 30 days, “the case is in federal court to stay”
- reading “§ 230(c)(1) as a definitional clause rather than as an immunity from liability’
- finding that § 230 is an affirmative defense
- stating that “litigants need not plead around defenses”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Easterbrook, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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