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

Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Show More