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Fair Housing Council of San Fernando Valley v. Roommates.com, LLC[1] is a case in which the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that immunity under Section 230 of the Communications Decency Act (CDA) did not apply to an interactive online operator whose questionnaire violated the Fair Housing Act. However, the court found that Roommates.com was immune under Section 230 of the CDA for the “additional comments” portion of the website. This case is notable because it placed a limit on the broad immunity that Section 230(c) gave to service providers.
Quick Facts Fair Housing Council of San Fernando Valley v. Roommates.com, Court ...
Fair Housing Council of San Fernando Valley v. Roommates.com | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Fair Housing Council of San Fernando Valley v. Roommates.com, LLC |
Argued | December 12 2007 |
Decided | April 3 2008 |
Citation | 521 F.3d 1157 (9th Cir. 2008) |
Case history | |
Prior history | 489 F.3d 921 (9th Cir. 2007); 2004 WL 3799488 (C.D. Cal. 2004). |
Holding | |
The Ninth Circuit, en banc, upheld the three judge panel’s holding. It found that the portion of the Roommates.com website that presented a questionnaire to users was not immune under Section 230 of the CDA because Roomates.com was considered an information content provider, and the questions violated the FHA. However, the portion of the website labeled “Additional Comments” qualified for immunity because Roommates.com was not considered an information content provider for this information. | |
Court membership | |
Judges sitting | Alex Kosinski, Stephen Reinhardt, Pamela Ann Rymer, Barry G. Silverman, M. Margaret McKeown, William A. Fletcher, Raymond C. Fisher, Richard A. Paez, Carlos T. Bea, Milan D. Smith, Jr., N. Randy Smith |
Chief judge | Alex Kosinski |
Case opinions | |
Majority | Alex Kosinski |
Dissent | M. Margaret McKeown |
Laws applied | |
Communications Decency Act, Section 230 of the Communications Decency Act, Fair Housing Act |
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