Legal Opinion
Batzel v. Smith
Court of Appeals for the Ninth Circuit
Decided June 24, 2003No. Nos. 01-56380, 01-56556PublishedCited by 267 opinions
1Opinion of the Court
Opinion by Judge BERZON. Opinion concurring in part and dissenting in part by Judge GOULD.
BERZON, Circuit Judge.
There is no reason inherent in the technological features of cyberspace why First Amendment and defamation law should apply differently in cyberspace than in the brick and mortar world. Congress, however, has chosen for policy reasons to immunize from liability for defamatory or obscene speech “providers and users of interactive computer services” when the defamatory or obscene material is “provided” by someone else. This case presents the question whether and, if so, under what…
2Cases cited32 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Catlin v. United StatesSupreme Court of the United States · 1945
- Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997
- United States v. Playboy Entertainment Group, Inc.Supreme Court of the United States · 2000
27 more not listed; retrieve them via the Exa API.
3Cited by267 opinions
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- Lazy Y Ranch Ltd. v. BehrensCourt of Appeals for the Ninth Circuit · 2008
- Zamani v. CarnesCourt of Appeals for the Ninth Circuit · 2007
- Fair Housing Coun., San Fernando v. Roommates. ComCourt of Appeals for the Ninth Circuit · 2008
- George Williams v. Yamaha Motor Corp. USACourt of Appeals for the Ninth Circuit · 2017
262 more not listed; retrieve them via the Exa API.