Calif. High Court Unlikely to Impose Liability for Online Speech

SACRAMENTO, Calif. — Justices of the California state Supreme Court hearing oral arguments in an online defamation case signaled that they were unwilling to impose liability on Internet service providers for the potentially libelous speech by third parties operating on their networks.

Attorney Christopher Grell, who represents the plaintiff, Stephen Barrett, faced stiff opposition from the seven-judge panel, with Justice Ming Chin saying that he was surprised by the plaintiff’s “startling lack of legal authority.”

According to Law.com reporter Mike McKee, Chin’s comments regarding Grell’s lack of legal authority seemed to speak for the entire court.

The case arises out of allegedly libelous statements made online by Ilena Rosenthal, a women’s health advocate, who published a letter by co-defendant Tim Bolen attacking Pennsylvania psychiatrist Stephen Barrett and Canadian doctor Terry Polevoy for their unfavorable views of alternative medicine.

Alameda County Superior Court Judge James Richman tossed the libel suit in 2001, but a San Francisco appellate court reinstated the case saying that an email from Barrett threatening to sue Rosenthal put her on notice that she could be held liable for publishing Bolen’s letter.

That ruling prompted a range of online companies, including Earthlink and Amazon.com, as well as the Electronic Frontier Foundation, to file amicus briefs on behalf of Rosenthal and Bolen, arguing that imposing liability after a potential plaintiff sends email notice threatening to sue could chill free speech.

"If, simply by receiving 'notice,' service providers were potentially liable for the unimaginable volume of third-party content that constantly flows through their services," the companies' lawyer, Samir Jain, said, "they would have little choice but to automatically and immediately take down and block third-party content in response to virtually all complaints."

Jain also told the court that notice-based liability would “unleash a heckler’s veto that would suppress swaths of entirely legitimate content.”

A ruling in the case is due within 90 days.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Show More