Supreme Court Denies Grindr Lawsuit Appeal

Supreme Court Denies Grindr Lawsuit Appeal

CYBERSPACE — Earlier this year, the 2nd Circuit U.S. Court of Appeals ruled against Matthew Herrick, a New Yorker who sued Grindr, alleging the company failed to take action when an ex-boyfriend used the hookup app to send 1,200 men to his home in an apparent harassment campaign. Herrick’s lawyer, Carrie A Goldberg, appealed that decision; this week, the Supreme Court refused to hear the case and Goldberg reacted poorly.

The original 3-0 decision against Herrick rejected claims of negligence against Grindr, whose attorney, Daniel Waxman, persuaded the court that the company is immune from liability under Section 230 of the Communications Decency Act (CDA) of 1996, the federal law that shields companies from liability for publishing third-party content.

Herrick’s suit against Grindr had been closely watched by the adult industry, particularly in the wake of FOSTA-SESTA, as it carried the potential to make tech companies legally liable for actions carried out by users of their platforms.

“The party at fault here was Herrick's ex-boyfriend, but it was Grindr that Herrick chose to take to court. The case was not argued well. The allegations contained suppositions that were pretty much impossible to reconcile,” observed TechDirt.com.

Legal scholar and law professor Eric Goldman tweeted a quick summary. “It's not the least bit surprising, but today SCOTUS denied cert in Herrick v. Grindr, a significant [Section 230] defense-favorable ruling,” he wrote.

Goldberg retweeted Goldman’s message and added the following commentary: “Sure would be a shame if somebody misused a dating app to send men to this guy's home as happened 1200+ times to our client, Matthew.”

TechDirt called her reply “bizarre and inappropriate,” while law blogger Scott H. Greenfield described it as “inexcusable.”

“So Carrie Goldberg would call on her Twitter followers to attack a law (professor), as her client was attacked by some sick guy he picked on Grindr, for disagreeing with her legal position?” Greenfield asked. He acknowledged Goldberg might have been merely “venting.”

“But when a lawyer calls for an attack on a (professor) whose commentary disputes her legal theory — ‘destroy Goldman like my client was destroyed by his ex-boyfriend’ — we’ve reached a new depth,” he said.

TechDirt notes the “unfortunate side effect” of recent legal arguments against Section 230 immunity. “It's become increasingly popular to blame the immunity for the deeds and words of third-party users. This, of course, makes no sense,” they note. “But the alternative is to recognize users are responsible for their own conduct and content and that unfortunate truth simply won't suffice when there's lawsuits to be filed.”

If Section 230 is weakened or destroyed, “the services and platforms Section 230 opponents seem to believe will become better will actually become more restrictive or cease to exist,” they continue. “And crude reactions like Goldberg's are exactly the sort of thing that will disappear fastest if platforms can be sued for things their users have said.”

At post time, Goldberg’s tweet was still up.

Related:  

Copyright © 2026 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

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge line of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XMAs: Watch the Global Live Broadcast

The 2026 XMAs, presented by Fansly, will stream live to a global audience via the official event website, welcoming fans worldwide to join a celebration of excellence in adult entertainment.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Elevated X Adds CCBill Integration for Payment Processing

Elevated X has added CCBill integration for payment processing to its ELXNexus traffic management and affiliate program software.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Tubes Booster Launches Web Hosting Solutions

Content hosting platform Tubes Booster has launched two new hosting solutions.

YourPaysitePartner Rebrands as Paysite.com

YourPaysitePartner has officially been rebranded as Paysite.com.

SWR Data Announces 2026 'State of Creator' Winter Report

Adult industry market research outfit SWR Data has announced that it will release data from its annual State of the Creator survey at an XBIZ LA workshop, taking place at the Kimpton Everly Hotel.

Show More