J.S. v. Village Voice Media Holdings, LLC

¶36 (dissenting) — The question before us is whether J.S.’s14 civil lawsuit against these particular defendants can proceed or whether federal law shields Backpage15 from suit. In 1996, Congress passed the Communications Decency Act (CDA), 47 U.S.C. § 230, a statute that gives “interactive service providers” such as Backpage immunity from lawsuits based on the “content” of ads composed and posted on their sites by others. See 47 U.S.C. § 230(c)(1). Before it passed this statute, Congress weighed the competing policies of fostering robust interactive service provider growth, promoting…