John Green v. Am. Online (Aol) John Does 1 & 2, 318 F.3d 465 (3rd Cir. 2003). · Go Syfert
John Green v. Am. Online (Aol) John Does 1 & 2, 318 F.3d 465 (3rd Cir. 2003). Cases Citing This Book View Copy Cite
236 citation events (236 in the last 25 years) across 56 distinct courts.
Strongest positive: Klairen v. Amazon.Com, Inc. (pamd, 2024-11-25)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Klairen v. Amazon.Com, Inc.
M.D. Penn. · 2024 · quote attribution · 1 verbatim quote · confidence high
by its terms, 230 provides immunity to . . . a publisher or speaker of information originating from another information content provider.
discussed Cited as authority (verbatim quote) Ynfante v. Google LLC (2×) also: Cited as authority (rule)
S.D.N.Y. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
olding aol liable for its alleged negligent failure to properly police its network for content transmitted by its users . . . would treat aol as the publisher or speaker of that content.
discussed Cited as authority (verbatim quote) Winter v. Facebook, Inc. (2×) also: Cited as authority (rule)
E.D. Mo. · 2021 · quote attribution · 1 verbatim quote · confidence high
section 230(c)(2) does not require aol to restrict speech; rather it allows aol to establish standards of decency without risking liability for doing so.
discussed Cited as authority (verbatim quote) Teatotaller, LLC v. Facebook, Inc.
N.H. · 2020 · quote attribution · 1 verbatim quote · confidence high
ecisions relating to the monitoring, screening, and deletion of content from network . . . quintessentially relate to a publisher's role.
examined Cited as authority (verbatim quote) Laposa v. Walmart Stores East LP
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
green argues that the removal was defective because the john doe defendants did not join the notice of removal. however, the general rule that all defendants must join in a notice of removal may be disregarded where, as here, the non-joining defendants are unknown.
discussed Cited as authority (verbatim quote) Cohen v. Facebook, Inc.
E.D.N.Y · 2017 · quote attribution · 1 verbatim quote · confidence high
network ... quintessential relate to a publisher's role.
examined Cited as authority (verbatim quote) McDonald v. LG Electronics USA, Inc.
D. Maryland · 2016 · quote attribution · 1 verbatim quote · confidence high
thus attempts to hold aol hable-for decisions -relating to the monitoring, screening, and deletion of content from its network-actions quintessential related to a publisher's role. section 230 'specifically proscribes liability' in such circumstances.
discussed Cited as authority (verbatim quote) J.S. v. Vill. Voice Media Holdings, LLC (2×) also: Cited as authority (rule)
Wash. · 2015 · quote attribution · 1 verbatim quote · confidence high
ecisions relating to the monitoring, screening, and deletion of content" are "actions quintessentially related to a publisher's role.
discussed Cited as authority (verbatim quote) J.S. v. Village Voice Media Holdings, LLC (2×) also: Cited as authority (rule)
Wash. · 2015 · quote attribution · 1 verbatim quote · confidence high
ecisions relating to the monitoring, screening, and deletion of content" are "actions quintessentially related to a publisher's role.
discussed Cited as authority (verbatim quote) J.S. v. Vill. Voice Media Holdings, LLC (2×) also: Cited as authority (rule)
Wash. · 2015 · quote attribution · 1 verbatim quote · confidence high
ecisions relating to the monitoring, screening, and deletion of content" are "actions quintessentially related to a publisher's role.
discussed Cited as authority (rule) Commonwealth v. Meta Platforms, Inc.
Mass. · 2026 · confidence medium
Cir. 2014) ("the very essence of publishing is making the decision whether to print or retract a given piece of content"); Barnes, 570 F.3d at 1102 ("publication involves reviewing, editing, and deciding whether to publish or to withdraw from publication third-party content"); Doe v. MySpace, Inc., 528 F.3d 413, 418 (5th Cir.), cert. denied., 555 U.S. 1031 (2008) (§ 230 bars "all cases arising from the publication of user-generated content"); Roommates.com, LLC, 521 F.3d at 1170-1171 ("any activity that can be boiled down to deciding whether to exclude material that third parties seek to post…
cited Cited as authority (rule) Francesse Senat Dor v. Google LLC (d/b/a Gmail)
D. Conn. · 2026 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003) (citation omitted).
discussed Cited as authority (rule) Joan Doe v. Snap, Inc
Del. Super. Ct. · 2025 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003)) (finding that MySpace was free from liability when predators used MySpace chatrooms to communicate with, and later rape, a child). 72 See generally Saponaro v. Grindr, LLC, 93 F. Supp. 3d 319 (D.N.J. 2015); Doe v. Grindr, 709 F. Supp. 3d at 1053-54. 73 The statute itself expressly states Congress’s intent was “to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material.” 47 U.S.C. § 230 (b).
examined Cited as authority (rule) A. B. v. Salesforce (4×) also: Cited "see"
5th Cir. · 2024 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003) (internal quotation marks omitted)).
examined Cited as authority (rule) A. B. v. Salesforce (4×) also: Cited "see"
5th Cir. · 2024 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003) (internal quotation marks omitted)).
cited Cited as authority (rule) Angelillo v. Facebook
M.D. Penn. · 2024 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003) (quoting Zeran v. Am.
cited Cited as authority (rule) Nadia Metroka v. Pennsylvania State Police
3rd Cir. · 2024 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003)).
discussed Cited as authority (rule) Tawainna Anderson v. TikTok Inc
3rd Cir. · 2024 · confidence medium
We need not address in this case the publisher/distributor distinction our colleague describes, nor do we need to decide whether the word “publisher” as used in § 230 is limited to the act of allowing third-party content to be posted on a website an ICS hosts, as compared to third-party content an ICS promotes or distributes through some additional action, because, in this case, the only distribution at issue is that which occurred via TikTok’s algorithm, which as explained herein, is not immunized by § 230 because the algorithm is TikTok’s own expressive activity. 13 We recognize th…
discussed Cited as authority (rule) United States v. Stratics Networks Inc.
S.D. Cal. · 2024 · confidence medium
Online, Inc., 318 F.3d 465, 471 (3d Cir. 2003) (holding the CDA applies to claims 6 against AOL for allowing malware to be distributed through an AOL chat room).
discussed Cited as authority (rule) Amro Elansari v. Meta Inc
3rd Cir. · 2024 · confidence medium
Co., 682 F.3d 229, 241 (3d Cir. 2012)). 5 from entertaining claims that would place a computer service provider in a publisher’s role,’ and therefore bars ‘lawsuits seeking to hold a service provider liable for its exercise of a publisher’s traditional editorial functions – such as deciding whether to publish, withdraw, postpone, or alter content.’” Green v. America Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003) (quoting Zeran v. America Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997)).
discussed Cited as authority (rule) DEFENSE DISTRIBUTED v. GREWAL (2×)
D.N.J. · 2023 · confidence medium
Online (AOL), 318 F.3d, 465, 471 (Gd Cir. 2003)).
discussed Cited as authority (rule) Fyk v. United States
D.D.C. · 2023 · confidence medium
Online, Inc., 318 F.3d 465, 472 (3d Cir. 2003)). 5 Mr. Fyk also argues that he “does not need per se Article III standing (i.e., a direct “stake) [sic] in order to challenge the CDA (at least not on First Amendment grounds).” Pl’s.
cited Cited as authority (rule) METROKA v. PENNSYLVANIA STATE LAW ENFORCEMENT, MONTGOMERY COUNTY
E.D. Pa. · 2023 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003)).
discussed Cited as authority (rule) Jackson v. Mason
M.D. Penn. · 2023 · confidence medium
Online (AOL), 318 F.3d 465, 470 (3d Cir. 2003) (concluding that there was “a clear invocation of federal question jurisdiction under 28 U.S.C. § 9 1331[,]” where the operative pleading asserted, inter alia, a violation of the First Amendment to the United States Constitution and, as a result, removal was proper under 28 U.S.C. § 1441 (citation omitted)); Collura v. City of Philadelphia, 590 F. App’x 180, 184 (3d Cir. 2014) (unpublished) (concluding that removal was proper under 28 U.S.C. § 1441 , where the district court had original jurisdiction over the plaintiff’s First, Fourth, …
cited Cited as authority (rule) David Hatchigian v. Robin Ford
3rd Cir. · 2023 · confidence medium
Green v. America Online (AOL), 318 F.3d 465, 470 (3d Cir. 2003).
cited Cited as authority (rule) ANDERSON v. TIKTOK, INC.
E.D. Pa. · 2022 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003).
discussed Cited as authority (rule) ELANSARI v. META, INC. (2×)
E.D. Pa. · 2022 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003) (further citations omitted); see also Hepp v. Facebook, 14 F.4th 204 , 209 (3d Cir. 2021) (internal citations omitted).
discussed Cited as authority (rule) NEW JERSEY CHINESE COMMUNITY CENTER, INC v. MCALEER
D.N.J. · 2022 · confidence medium
Accordingly, the Court does not construe Plaintiff to have asserted a Fifth Amendment claim. companies are not subject to constitutional free speech guarantees. 318 F.3d 465, 472 (3d Cir. 2003) (finding that plaintiff’s free speech claims against AOL, a private, for-profit company were meritless).
cited Cited as authority (rule) Quinteros v. InnoGames
W.D. Wash. · 2022 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003); Ben Ezra, Weinstein, & Co. v. 10 Am.
cited Cited as authority (rule) Johnsonville, LLC v. Loadsmart Inc.
E.D. Wis. · 2022 · confidence medium
Online (AOL), 318 F.3d 465, 470 (3d Cir. 2003); see also Arechederra v. Hunter's View Ltd., 2011 WL 2532924 , at *2 (W.D.
discussed Cited as authority (rule) M.H. v. Omegle.com LLC
M.D. Fla. · 2022 · confidence medium
Online, 318 F.3d 465, 471 (3d Cir. 2003) (finding the second element satisfied where plaintiff “attempt[ed] to hold [a defendant] liable for decisions relating to the monitoring, screening, and deletion of content,” which are “quintessentially related to a publisher's role.”); Ben Ezra, Weinstein, and Co. v. Am.
cited Cited as authority (rule) James Domen v. Vimeo, Inc.
2d Cir. · 2021 · confidence medium
Online 4 (AOL), 318 F.3d 465, 472 (3d Cir. 2003).
discussed Cited as authority (rule) in Re Facebook, Inc. and Facebook, Inc. D/B/A Instagram
Tex. · 2021 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003) (explaining that “decisions relating to the monitoring, screening, and deletion of content from” a platform or network are “actions quintessentially related to a publisher’s role”).
discussed Cited as authority (rule) James Domen v. Vimeo, Inc.
2d Cir. · 2021 · confidence medium
Online, Inc., 129 F.3d 12 327, 331 (4th Cir. 2017) (explaining that “[t]he amount of information 13 communicated via interactive computer services is . . . staggering” and that 14 Congress passed Section 230 expressly to “remove disincentives for the 15 development and utilization of blocking and filtering technologies” (internal 16 quotation marks omitted)). 17 Ultimately, “Section 230(c)(2) immunizes from liability providers and 18 users of interactive computer service who voluntarily make good faith efforts to 16 1 restrict access to material they consider to be objectionable . . …
cited Cited as authority (rule) LEWIS v. GOOGLE, INC.
W.D. Pa. · 2021 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003).
discussed Cited as authority (rule) Bolger v. Amazon.com, LLC
Cal. Ct. App. · 2020 · confidence medium
(See Doe II v. MySpace Inc. (2009) 175 Cal.App.4th 561, 573 [claims based on a website’s decision “to restrict or make available certain material”]; Jane Doe No. 1 v. Backpage.com, LLC (1st Cir. 2016) 817 F.3d 12, 21 [claims based on “choices about what content can appear on the website and in what form”]; Chicago 45 Lawyers’ Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc. (7th Cir. 2008) 519 F.3d 666, 671 [claims based on content of allegedly discriminatory housing advertisements]; Green v. America Online (AOL) (3d Cir. 2003) 318 F.3d 465, 471 [claim that “AOL was…
cited Cited as authority (rule) HEPP v. FACEBOOK, INC.
E.D. Pa. · 2020 · confidence medium
Online, 318 F.3d 465, 470-71 (3d Cir. 2003).
discussed Cited as authority (rule) Prager University v. Google LLC
9th Cir. · 2020 · confidence medium
Online (AOL), 318 F.3d 465, 472 (3d Cir. 2003) (the “contention[] that AOL is transformed into a state actor … because AOL opens its network to the public whenever an AOL member 10 PRAGER UNIVERSITY V.
discussed Cited as authority (rule) James Domen v. Vimeo, Inc.
S.D.N.Y. · 2020 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003). 6 Section 230(c)(2) “expressly provides [interactive computer services] with immunity” to “police content.” Klayman v. Zuckerberg, 753 F.3d 1354, 1358 (D.C.
cited Cited as authority (rule) Deutsche Bank National Trust Company v. Reddy
D. Conn. · 2019 · confidence medium
Online (AOL), 318 F.3d 465, 470 (3d Cir. 2003); see also Soliman v. Philip Morris, Inc., 311 F.3d 966, 971 (9th Cir. 2002) (citizenship of Doe defendants is disregarded for removal purposes).
discussed Cited as authority (rule) Heather Oberdorf v. Amazon.com Inc (2×) also: Cited "see"
3rd Cir. · 2019 · confidence medium
Our task is strictly limited to determining what the Pennsylvania Supreme Court would do pursuant to Pennsylvania law. 59 See 47 U.S.C. § 230 . 28 information content provider.”60 This section, sometimes referred to as the CDA “safe harbor provision,”61 “precludes courts from entertaining claims that would place a computer service provider in a publisher’s role, and therefore bars lawsuits seeking to hold a service provider liable for its exercise of a publisher’s traditional editorial functions—such as deciding whether to publish, withdraw, postpone, or alter content.”62 The …
discussed Cited as authority (rule) Heather Oberdorf v. Amazon.com Inc
3rd Cir. · 2019 · confidence medium
Our task is strictly limited to determining what the Pennsylvania Supreme Court would do pursuant to Pennsylvania law. 59 See 47 U.S.C. § 230 . 28 information content provider.”60 This section, sometimes referred to as the CDA “safe harbor provision,”61 “precludes courts from entertaining claims that would place a computer service provider in a publisher’s role, and therefore bars lawsuits seeking to hold a service provider liable for its exercise of a publisher’s traditional editorial functions—such as deciding whether to publish, withdraw, postpone, or alter content.”62 The …
cited Cited as authority (rule) National Association of the Deaf v. Harvard University
D. Mass. · 2019 · confidence medium
Online (AOL), 318 F.3d 465, 470-71 (3d Cir. 2003), and securities fraud and cyberstalking, see Lycos, 478 F.3d at 421-422 .
discussed Cited as authority (rule) La'Tiejira v. Facebook, Inc.
S.D. Tex. · 2017 · confidence medium
Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003); see also Klayman, 753 F.3d at 1359 (“indeed, the very essence of publishing is making the decision whether to print or retract a given piece of content — the very actions for which Klayman seeks to hold Facebook liable.”).
cited Cited as authority (rule) Nunes v. Twitter, Inc.
N.D. Cal. · 2016 · confidence medium
Green v. AOL, 318 F.3d 465, 471 (3d Cir.2003).
discussed Cited as authority (rule) Fakhrian v. Google, Inc. CA2/7
Cal. Ct. App. · 2016 · confidence medium
We provide the services ‘as is.’” (See Green v. America Online (AOL) (3d Cir. 2003) 318 F.3d 465, 471 [rejecting argument “that AOL waived its immunity under section 230 by the terms of its membership contract” where the AOL “Member Agreement between the parties tracks the provisions of section 230”]; Goddard v. Google, Inc. (N.D.Cal. 2009) 640 F.Supp.2d 1193, 1201 [dismissing breach of contract and negligent undertaking claims under the CDA because such claims “would treat Google as the publisher or speaker of third-party content”].) *Judge of the Los Angeles Superior Court,…
cited Cited as authority (rule) Jane Doe No. 1 v. Backpage.Com, LLC
1st Cir. · 2016 · confidence medium
Online (AOL), 318 F.3d 465, 470-71 (3d Cir.2003), and securities fraud and cyberstalking, see Lycos, 478 F.3d at 421-22 .
discussed Cited as authority (rule) Dennis Obado v. Ed Magedson (2×)
3rd Cir. · 2015 · confidence medium
Each defendant filed a motion to dismiss Obado’s second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing, in the main, that because Obado did not allege that any of them actually authored any of the posts at issue, they were immune from suit under the Communications Decency Act (“CDA”), 47 U.S.C. § 230 , and our decision in Green v. America Online (AOL), 318 F.3d 465, 470-71 (3d Cir.2003).
discussed Cited as authority (rule) Chris Davis v. Motiva Enterprises, LLC (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Online (AOL), 318 F.3d 465, 472 (3rd Cir. 2003); 47 U.S.C.S. § 230 (c)(2)(A).
examined Cited as authority (rule) Saponaro v. Grindr, LLC (3×) also: Cited "see"
D.N.J. · 2015 · confidence medium
As a practical matter, this statutory language “ ‘precludes courts from entertaining claims that would place a computer service provider in a publisher’s role’ and bars ‘lawsuits seeking to hold a service provider liable for its exercise of a publisher’s traditional editorial functions such as deciding whether to publish, withdraw, postpone, or alter content.’ ” Green v. America Online, 318 F.3d 465, 471 (3d Cir.2003) (quoting Zeran v. America Online, Inc., 129 F.3d 327, 330 (4th Cir.1997)).
Retrieving the full opinion text from the archive…
John GREEN Appellant
v.
AMERICA ONLINE (AOL); John Does 1 & 2
01-1120.
Court of Appeals for the Third Circuit.
Jan 16, 2003.
318 F.3d 465
John Green, Edison, Appellant, pro se., Samir C. Jain, Wilmer, Cutler & Pickering, Washington, for Appellee.
Sloviter, Rendell, Rosenn.
Cited by 127 opinions  |  Published

OPINION OF THE COURT

ROSENN, Circuit Judge.

The primary issue raised in this appeal, one of first impression in this court, is whether American Online, Inc. (AOL), a provider of interactive computer services, is statutorily immune from liability from causes of action arising from third party content. The plaintiff, John Green, sued AOL and John Does 1 and 2 in the Superi- or Court of New Jersey. In his one hundred and ten paragraph pro se amended complaint, aptly described by the District Court as “not especially clear,” the plaintiff alleges that AOL negligently failed to live up to its contractual obligations to Green by refusing to take necessary action against John Does 1 and 2, who allegedly transmitted harmful online messages to Green and others.

Green named AOL as an additional defendant, claiming that the messages were transmitted during the course of conversations carried on through the AOL international work service. Because Green amended his complaint in the state court, adding a claim that AOL violated his First Amendment rights, AOL removed the case to the District Court for the District of New Jersey. The District Court denied Green’s motion to remand to the state court. AOL moved to dismiss all claims against it on the ground that it was statutorily immune from all tort claims against it relating to the John Doe defendants’ messages by virtue of the provisions of 47 U.S.C. § 230. The District Court granted AOL’s motion. [1] Green timely appealed from the order denying his motion to remand to the state court and from the order dismissing his claims against AOL. We affirm.

[*469] I.

Undisputed by the parties, AOL is the world’s largest interactive computer service with over 2.2 million members. It provides its millions of subscribers information that is only available though its international network of interconnected computers and services, and access to the public Internet. (117-18A). It also provides or enables, inter alia, a number of online communications tools, such as email, news groups, and chat rooms, that allow its subscribers to communicate with one another and with other users of the Internet. (Id.)

A subscriber to AOL must agree to the terms of its Member Agreement, which requires subscribers to adhere to AOL’s standards for online speech and conduct set forth in AOL’s “Community Guidelines.” Green subscribed to AOL using the screen name “Lawyerkill.” A screen name is commonly used by persons when communicating through an online service such as AOL. The other two defendants, John Doe 1 and John Doe 2, allegedly were also AOL subscribers adopting the screen names “LegendaryPOLCIA” and “Lawyerkiii,” respectively. (116A) “Law-yerkiii” appears as “Lawyerkill” when the letter “i” is capitalized.

Green’s amended complaint alleges that the John Doe defendants transmitted certain content in the AOL chat room “Romance — New Jersey over 30.” Chat rooms are a modern-day analog to yesteryear’s telephone party lines and allow individual parties to “talk” to as many as twenty-three other parties at one time. The first chat room incident of which Green complaints involved John Doe 1, who allegedly entered the chat room conversation under the screen name “Legen-daryPOLCIA.” (121A) Green alleges that John Doe 1 “sent a punter through AOL, which caused Green’s computer to lock up and Green had to restart -his computer.” Green’s complaint describes a “punter” as a computer program created by a hacker whose purpose is to halt and disrupt another computer. Upon restarting his computer and entering the chat room where the punter had been delivered, Green learned that “LegendaryPOLCIA” claimed credit for producing what he called the “blue screen of death.” Green alleges that he lost five hours of work restarting his computer, causing him damages of approximately $400.

Green also alleges that he and unidentified others reported John Doe 1 to AOL who informed him that they would take no action unless he provided evidence that “LegendaryPOLCIA” sent the destructive signal. Green alleges that he provided additional evidence to AOL but it took “no effective action to stop ‘LegendaryPOL-CIA.’” The amended complaint alleges other online episodes in which “Legenda-ryPOLCIA” (John Doe 1) and “Lawyerki-ii” (John Doe 2) allegedly defamed and inflicted emotional distress on Green. First, the complaint alleges that “Legenda-ryPOLCIA” defamed Green by typing the messages “SHELLS CAREFUL LAWYER IS BI” and “LAWYER NO IMS FOR GAY SEX THX:))” in a chat room titled “Romance — New Jersey over 30.” Green alleges that he faxed AOL a log of the chat room showing “LegendaryPOL-CIA” defaming him but AOL did nothing to stop it. The complaint also alleges that on two occasions “LawyerKiii” impersonated Green entering a chat room and “asking guys in the chat room for gay sex.” The complaint also purported to plead a general negligence claim against AOL for failure to police its services.

There were also allegations that AOL’s Community Guidelines violated Green’s First Amendment rights because they required Green to adhere to them when he[*470] used AOL service to access the Internet. Green further alleged that AOL violated the New Jersey Consumer Fraud Act by filing legal actions against third parties for sending unlawful bulk, unsolicited e-mail (commonly known as “Spam”) to AOL subscribers and by blocking access to unspecified “internet newsgroups.”

The complaint demanded a total of $400 in compensatory damages from AOL and the two John Doe plaintiffs and unspecified punitive damages. It also sought in-junctive relief to enjoin AOL from restricting Green’s ability to send and obtain information on the Internet when using AOL’s services.

The District Court had jurisdiction pursuant to 28 U.S.C. § 1331. We exercise plenary review over the District Court’s order denying Green’s motion for remand. Werwinski v. Ford Motor Co., 286 F.3d 661, 665 (3d Cir.2002). [2] Our review of a decision to grant a Rule 12(b)(6) motion is plenary. Weston v. Pennsylvania, 251 F.3d 420, 425 (3d Cir.2001). We accept all factual allegations in the complaint as true, and we draw all reasonable inferences in the light most favorable to the plaintiff. Id. We will affirm only if no relief could be granted under any set of facts the plaintiff could prove. Id.

We agree with the District Court’s reasoning and conclusion with respect to Green’s motion to remand the case to state court. Green alleged in Count Twelve of his Amended Complaint that AOL’s Community Guidelines abrogate his freedom of speech and violate his First Amendment rights. This is a clear invocation of federal question jurisdiction under 28 U.S.C. § 1331. Removal thus was proper under 28 U.S.C. § 1441. Joyce v. RJR Nabisco Holdings Corp., 126 F.3d 166, 171 (3d Cir.1997). Green argues that the removal was defective because the John Doe defendants did not join the notice of removal. However, the general rule that all defendants must join in a notice of removal may be disregarded where, as here, the non-joining defendants are unknown. Balazik v. County of Dauphin, 44 F.3d 209, 213 n. 4 (3d Cir.1995).

We also agree that Green’s tort claims are subject to AOL’s immunity under 47 U.S.C. § 230. Section 230 provides, in pertinent part, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. § 230(c)(1). Section 230 also provides that “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” 47 U.S.C. § 230(e)(3). There is no dispute that AOL is an interactive computer service as defined in 47 U.S.C. § 230(f) or that the relevant content originated not from AOL but from “another information content provider.” 47 U.S.C. § 230(c)(1). The only question, then, is whether holding AOL hable for its alleged negligent failure to properly police its network for content transmitted by its users - here, the “punter” signal and the derogatory comments - would “treat” AOL “as the publisher or speaker” of that content. We agree with the District Court that it would.

[*471] By its terms, § 280 provides immunity to AOL as a publisher or speaker of information originating from another information content provider. The provision “precludes courts from entertaining claims that would place a computer service provider in a publisher’s role,” and therefore bars “lawsuits seeking to hold a service provider liable for its exercise of a publisher’s traditional editorial functions - such as deciding whether to publish, withdraw, postpone, or alter content.” Zeran v. America Online, Inc., 129 F.3d 327, 330 (4th Cir.1997); see also, e.g., Ben Ezra, Weinstein & Co. v. America Online, Inc., 206 F.3d 980, 986 (10th Cir.2000) (“Congress clearly enacted § 230 to forbid the imposition of publisher liability on a service provider for the exercise of its editorial and self-regulatory functions.”).

There is no real dispute that Green’s fundamental tort claim is that AOL was negligent in promulgating harmful content and in failing to address certain harmful content on its network. Green thus attempts to hold AOL liable for decisions relating to the monitoring, screening, and deletion of content from its network - actions quintessential^ related to a publisher’s role. Section 230 “specifically proscribes liability” in such circumstances. Zeran, 129 F.3d at 332-33.

Green disputes that the “punter” computer program sent to him by “Legen-daryPOLCIA” constitutes “information” within the meaning of the statute. [3] He argues that the statute’s use of the term “information” is restricted to “communication or reception of knowledge or intelligence, and not an unseen signal that halts someone’s computer,” and that Congress would have defined the term more technically if it had intended anything beyond the word’s most common meaning. We disagree; the District Court correctly interpreted the word “information.” Noting that the dictionary includes “signal” as a definition of “information,” the District Court concluded that the narrow interpretation offered by Green to hold AOL liable for Green’s reception of the punter signal or program would run afoul of the intention of section 230. See United States v. Loney, 219 F.3d 281, 285 (3d Cir.2000) (in construing a statutory term, the bare meaning of the word is considered with its placement and purpose in the statutory scheme). We agree with the District Court that section 230 immunizes AOL in this circumstance.

Green appears to argue that AOL waived its immunity under section 230 by the terms of its membership contract with him and because AOL’s Community Guidelines outline standards for online speech and conduct and contain promises that AOL would protect Green from other subscribers. However, as the District Court determined, the Member Agreement between the parties tracks the provisions of section 230 and provides that AOL “does not assume any responsibility” for content provided by third parties. Though AOL reserved the right to remove messages deemed not in compliance with the Community Guidelines, it expressly disclaimed liability for failure or delay in removing such messages. The District Court, therefore, rejected Green’s waiver and estoppel arguments. Instead, it concluded that AOL made no false representation and actually complied with the Member Agreement.

Green also appears to argue that the first five pages of the Member Agree[*472] ment (where the disclaimers of liability are found) are void for lack of consideration. However, Green concedes that having read the agreement, he decided to become a member of AOL and continue to use its service beyond a free-trial period. The consideration Green received was his membership and use of AOL’s services.

Green next contends that section 230 contravenes the First Amendment because it “allows a provider to restrict any material including constitutionally protected material.” Section 230(c)(2) immunizes from liability providers and users of interactive computer service who voluntarily make good faith efforts to restrict access to material they consider to be objectionable, for example, “obscene,” “excessively violent,” or “harassing.” Green’s contention lacks merit. Section 230(c)(2) does not require AOL to restrict speech; rather it allows AOL to establish standards of decency without risking liability for doing so. [4] Accordingly, the District Court properly dismissed Green’s tort claims as barred by § 230.

We also agree with the District Court’s conclusion that Green failed to state a claim for breach of contract, because “[T]he plain language of the Member Agreement forecloses any claims that AOL breached its obligations.” Green contends that AOL breached the terms of the Community Guidelines when it failed to take action against John Does 1 and 2. However, by their terms, the Member Agreement and Community Guidelines were not intended to confer any rights on Green and AOL did not promise to protect Green from the acts of other subscribers. Concerning Green’s claim that AOL breached the implied covenant of good faith and fair dealing, i.e., that AOL failed to act in good faith to perform the terms of their contract (meaning the Community Guidelines), we add that this claim fails in light of the explicit agreement of the parties as stated above.

Furthermore, Green’s claims that AOL’s Community Guidelines violated his First Amendment right to free speech are meritless. AOL is a private, for profit company and is not subject to constitutional free speech guarantees. It is a fee-based Internet service provider that runs a proprietary, content-based online service. We are unpersuaded by Green’s contentions that AOL is transformed into a state actor because AOL provides a connection to the Internet on which government and taxpayer-funded websites are found, and because AOL opens its network to the public whenever an AOL member accesses the Internet and receives email or other messages from non-members of AOL. See Lloyd Corp. v. Tanner, 407 U.S. 551, 569, 92 S.Ct. 2219, 33 L.Ed.2d 131 (1972) (private property does not lose its private character merely because the public is generally invited to use it for designated purposes). Green’s argument under the New Jersey constitution fails as well because AOL’s service is not sufficiently “devoted to public use” under the factors of New Jersey v. Schmid, 84 N.J. 535, 423 A.2d 615 (1980).

Lastly, Green contends that the District Court erred in holding that AOL did not violate the New Jersey Consumer Fraud Act (NJCFA), N.J. Stat. [*473] Ann. §§ 56:8-1, et seq. In the District Court, Green contended, as he seems to argue on appeal, that AOL committed consumer fraud because after promising its users unlimited Internet access and e-mail, it sued outside companies to prevent them from sending objectionable or unlawful email. The NJCFA, 56:8-2, provides that deception, fraud, or any unconscionable commercial practice are among the practices declared to be unlawful. “Unconscionable” implies conduct that lacks “good faith, honesty in fact, and observance of fair dealing.” Gennari v. Weichert Co. Realtors, 288 N.J.Super. 504, 533, 672 A.2d 1190 (App.Div.1996). The District Court held that AOL did not act unconscionably and that its Member Agreement was not dishonest or entered into in bad faith. It found that AOL exercised its rights on several occasions under the Member Agreement to prevent unsolicited bulk email from entering or utilizing the network “to protect its members from materials it considered objectionable to its subscribers - hardly unconscionable actions.” In addition, the District Court concluded that § 230(c)(2) provided AOL with immunity for this alleged activity because it protects an interactive computer service from liability for “any action voluntarily taken in good faith to restrict access or availability of material that the provider or user considers to be ... objectionable.” We see no error in the District Court’s finding or its disposition of Green’s claim under the NJCFA.

II.

Accordingly, the District Court’s orders denying Green’s motion to remand, and dismissing all counts of the complaint against AOL will be affirmed.

1

. The District Court entered an order remanding the pendant state claims to the New Jersey State Court, an exercise of its discretionary authority to decline to retain supplemental jurisdiction over the non-dismissed counts and to remand them under 28 U.S.C. § 1367(c)(3). This appeal, therefore, is from a final order of the District Court.

2

. A remand to a state court expressly pursuant to 28 U.S.C. § 1447(c), which allows a District Court to decline to exercise supplemental jurisdiction over claims when it appears that it lacks subject matter jurisdiction, is unreviewable on appeal under 28 U.S.C. § 1447(d). However, in this case the District Court did not expressly remand pursuant to § 1447(c); remand appears to have been discretionary and thus reviewable under 28 U.S.C. § 1367(c)(3). See In re U.S. Healthcare, Inc., 193 F.3d 151, 159 (3d Cir.1999).

3

. Green does not dispute that the John Doe defendants are "information content providers,” or that the messages they transmitted in the chat rooms constitute "information,” within the meaning of the statute.

4

. Green also argues that section 230(c)(2) runs afoul of the Commerce Clause by allowing AOL to control interstate commerce. It does not appear that Green raised this argument to the District Court, and we need not consider it for the first time on appeal. Ross v. Hotel Employees & Rest. Employees Int’l Union, 266 F.3d 236, 242 (3d Cir.2001). We note, however, that in passing the legislation that became section 230, Congress properly exercised its power to regulate interstate commerce. See Zeran, 129 F.3d at 334.