Legal Opinion · Concurring in part, dissenting in part
Force v. Facebook, Inc.
Court of Appeals for the Second Circuit
Decided July 31, 2019No. 18-397; August Term, 2018Published
1Concurring in part, dissenting in partKatzmann, Chief Judge
I agree with much of the reasoning in the excellent majority opinion, and I join that opinion except for Parts I and II of the Discussion. But I must respectfully part company with the majority on its treatment of Facebook's friend- and content-suggestion algorithms under the Communications Decency Act ("CDA"). 1
As to the reasons for my disagreement, consider a hypothetical. Suppose that you are a published author. One day, an acquaintance calls. "I've been reading over everything you've ever published," he informs you. "I've also been looking at everything you've ever said on the Internet.…
2Cases cited14 opinions
- Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997
- Nielsen v. PreapSupreme Court of the United States · 2019
- Kenneth M. Zeran v. America Online, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
- Fair Housing Coun., San Fernando v. Roommates. ComCourt of Appeals for the Ninth Circuit · 2008
- Barnes v. Yahoo!, Inc.Court of Appeals for the Ninth Circuit · 2009
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