section 230 perforce immune in California

2026(Murphy, supra, 60 Cal.App.5th at p. 25.) As stated, “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—are barred.’ ” (Barrett, supra, 40 Cal.4th at p. 43 ; see also Fair Housing Council v. Roommates.com, LLC (9th Cir. 2008) 521 F.3d 1157 , 1170-1171 [“any activity that can be boiled down to deciding whether to exclude material that third parties seek to post online is perforce immune under section 230”].) “Courts have found immunity for interactive compu

2024(Murphy, supra, 60 Cal.App.5th at p. 26; Barrett, supra, 40 Cal.4th at p. 43 ; Roommates, supra, 521 F.3d at pp. 1170-1171 [“any activity that can be boiled down to deciding whether to exclude material that third parties seek to post online is perforce immune under section 230”].) Google’s actions in allowing the animal abuse videos to be shown and failing to remove them amount to publishing decisions not to prevent or remove the videos—that is, “ ‘deciding whether to exclude material that third parties seek to post online.’ ” (Murphy, supra, 60 Cal.App.5th at p. 24, quoting Roommates, supra,

2016After a new subscriber completes the application, Roommate assembles his answers into a ‘profile page.’ The profile page displays the subscriber’s pseudonym, his description and his preferences, as divulged through answers to Roommate’s questions.” (Id. at p. 1161.) The plaintiff sued the defendant for violations of the Fair Housing Act (FHA; 42 U.S.C. § 3601 et seq.) and California’s fair housing laws prohibiting discrimination on the basis of race, familial status or national origin (see Doe II v. MySpace, Inc., supra, 175 Cal.App.4th at p. 574 ), but the district court dismissed the federal

2015(Does II, supra, at p. 566 .) The trial court sustained the second demurrer without leave to amend.

2022Thus, 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—are barred.” ’ (Barrett, supra, 40 Cal.4th at p. 43 , quoting Zeran [v. America Online, Inc. (4th Cir. 1997) 129 F.3d 327 ,] 330 [(Zeran)]; Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (9th Cir. 2008) 521 F.3d 1157, 1170-1171 [‘any activity that can be boiled down to deciding whether to exclude material that third parties seek to post online is perforce immune under section 230’].

2021Thus, 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—are barred.’ ” (Barrett, supra, 40 Cal.4th at p. 43 , quoting Zeran, supra, 129 F.3d at p. 330 ; Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (9th Cir. 2008) 521 F.3d 1157 , 1170-1171 [“any activity that can be boiled down to deciding whether to exclude material that third parties seek to post online is perforce immune under section 230”].) The third prong is also satisfied here,

2022Thus, 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—are barred.” ’ (Barrett, supra, 40 Cal.4th at p. 43 , quoting Zeran [v. America Online, Inc. (4th Cir. 1997) 129 F.3d 327 ,] 330 [(Zeran)]; Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (9th Cir. 2008) 521 F.3d 1157, 1170-1171 [‘any activity that can be boiled down to deciding whether to exclude material that third parties seek to post online is perforce immune under section 230’].

2021(See, e.g., Cross v. Facebook, Inc. (2017) 14 Cal.App.5th 190, 207 (Cross); Federal 14 Agency of News LLC v. Facebook, Inc. (N.D.Cal. 2020) 432 F.Supp.3d 1107 , 1118 (Federal Agency of News) [complaint admitted Federal Agency of News LLC was the source of content Facebook, Inc. (Facebook) removed].) Murphy takes issue with both the second and third prongs of the section 230 test as they relate to her claims.

2002(See, e.g., Kathleen R. v. City of Livermore (2001) 87 Cal.App.4th 684, 692 [ 104 Cal.Rptr.2d 772 ] [Court of Appeal affirmed judgment of dismissal in city’s favor holding a city was immune under § 230 from liability under state causes of action for misuse of public funds, nuisance and premises liability for library’s acts in providing computers allowing access to pornography]; Doe v. America Online, Inc. (Fla. 2001) 783 So.2d 1010, 1013-1017 [following Zeran in concluding § 230 directly preempted Florida law in a negligence action based upon America Online, Inc.’s (AOL) distribution of inform

2002(See, e.g., Kathleen R. v. City of Livermore (2001) 87 Cal.App.4th 684, 692 [ 104 Cal.Rptr.2d 772 ] [Court of Appeal affirmed judgment of dismissal in city’s favor holding a city was immune under § 230 from liability under state causes of action for misuse of public funds, nuisance and premises liability for library’s acts in providing computers allowing access to pornography]; Doe v. America Online, Inc. (Fla. 2001) 783 So.2d 1010, 1013-1017 [following Zeran in concluding § 230 directly preempted Florida law in a negligence action based upon America Online, Inc.’s (AOL) distribution of inform

2002(See, e.g., Kathleen R. v. City of Livermore (2001) 87 Cal.App.4th 684, 692 [ 104 Cal.Rptr.2d 772 ] [Court of Appeal affirmed judgment of dismissal in city’s favor holding a city was immune under § 230 from liability under state causes of action for misuse of public funds, nuisance and premises liability for library’s acts in providing computers allowing access to pornography]; Doe v. America Online, Inc. (Fla. 2001) 783 So.2d 1010, 1013-1017 [following Zeran in concluding § 230 directly preempted Florida law in a negligence action based upon America Online, Inc.’s (AOL) distribution of inform

2002(See, e.g., Kathleen R. v. City of Livermore (2001) 87 Cal.App.4th 684, 692 [ 104 Cal.Rptr.2d 772 ] [Court of Appeal affirmed judgment of dismissal in city’s favor holding a city was immune under § 230 from liability under state causes of action for misuse of public funds, nuisance and premises liability for library’s acts in providing computers allowing access to pornography]; Doe v. America Online, Inc. (Fla. 2001) 783 So.2d 1010, 1013-1017 [following Zeran in concluding § 230 directly preempted Florida law in a negligence action based upon America Online, Inc.’s (AOL) distribution of inform