SCOTUS Rejects NCOSE-Promoted Lawsuit Targeting Reddit

SCOTUS Rejects NCOSE-Promoted Lawsuit Targeting Reddit

WASHINGTON — The Supreme Court on Tuesday declined to take up an NCOSE-sponsored case that sought to create liability for Reddit over third-party user material, using FOSTA-SESTA to bypass Section 230 protections.

As XBIZ reported, in October 2022 the Ninth Circuit Court of Appeals panel upheld a district court’s dismissal of the original civil lawsuit, which was filed in April 2021 by attorneys for pseudonymous Jane and John Does.

The judges held that Section 230 shields Reddit from a civil suit filed by attorneys for anonymous plaintiffs who allege that Reddit users “posted and circulated sexually explicit images and videos of minors online.”

As an interactive computer services provider, the judges wrote, Reddit “generally enjoys immunity from liability for user-posted content under Section 230.”

The plaintiffs had also invoked the controversial FOSTA carve-out, claiming that Section 230 immunity does not apply to claims of child sex trafficking when the conduct underlying the claim violates the criminal child sex trafficking statute.

The Ninth Circuit, however, concluded that since the plaintiffs did not allege that Reddit knowingly participated in or benefited from sex trafficking, they therefore “failed to state a sex trafficking claim.”

NCOSE used the original lawsuit’s appeal to the Ninth Circuit to fundraise as part of its ongoing campaign to eradicate all user-generated sexual content on Reddit, regardless of legality.

NCOSE considers all sexually explicit content, regardless of consent, to be exploitative, likens it to trafficking, and has denied the very possibility of consensual sex work.

Section 230 Remains Law of the Land

By refusing to hear the case, SCOTUS confirmed the Ninth Circuit ruling, which, as industry attorney and First Amendment expert Lawrence Walters of Walters Law Group wrote for XBIZ World, “clarified a complex web of lower court decisions that struggled with the required level of knowledge to hold an online platform liable for civil sex trafficking claims.”

With the Ninth Circuit decision now affirmed by the highest court, Walters explained, the requirement for civil claimants to demonstrate that online platforms actually participated in or had knowledge of sex trafficking, for the Section 230 carve-out to apply, is “the law of the land.” 

“The decision also constitutes persuasive authority for the remaining courts and has brought some stability to the legal climate facing online platforms and, by extension, content creators who rely on such platforms,” Walters added.

Walters told XBIZ on Tuesday that the court was justified in not taking this case. 

“The Ninth Circuit’s decision rested on sound legal reasoning and does not conflict with any other circuit court decision on how FOSTA’s exception to Section 230 immunity should be interpreted with respect to civil sex trafficking claims,” he noted.

According to Walters, the case also would have been a poor vehicle for the court to address these issues.

“The complaint did not clearly allege sex trafficking violations, but relied on generalized references to how Reddit deals with CSAM complaints,” he noted. “Not all CSAM involves sex trafficking, so the court may have decided to wait for a case involving clearer allegations of sex trafficking before wading into these issues.”

Industry attorney Corey Silverstein expressed satisfaction that SCOTUS did not interfere with the Ninth Circuit’s decision. He told XBIZ that there was no reason for the court to take up the case, since both the District Court and the Ninth Circuit Court of Appeals had ruled correctly. 

“Depending on how interested you are in reading in between the lines and doing a little speculating, it’s quite possible that the Supreme Court is sending a clear message that it isn’t going to mess around with Section 230 and it intends on leaving it to Congress, if it wants to make changes,” Silverstein said.

Three Rulings Confirming Protections

The Supreme Court’s decision comes only a few weeks after rulings in cases against Twitter and YouTube/Google also reasserted Section 230 protections.

On May 18, SCOTUS weighed in on the cases Gonzalez v. Google and Twitter v. Taamneh. In a unanimous decision written by Justice Clarence Thomas , SCOTUS held that the tech companies’ conduct “did not constitute aiding and abetting because they did not knowingly provide substantial assistance to the groups in carrying out the terrorist act in question,” legal news site Law360 reported at the time.

CNN Supreme Court analyst and University of Texas law professor Steve Vladeck told CNN on Tuesday that “after the justices avoided any meaningful ruling on the scope of immunity for tech companies in the Google case, today’s denial of review in the Reddit case suggests that their aversion was more than just about the Google case, specifically — and that the court is willing, at least for now, to leave any changes to Section 230 to Congress. There are other important big tech cases in the pipeline, but this seems to confirm that the justices aren’t going to come back to Section 230 anytime soon.” 

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

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

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

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Show More