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The US Court of Appeals building in New York City on July 10, 2012 ( Bjoertvedt via Wikimedia Commons/CC BY-SA 3.0) A little-watched civil rights case that threatens Silicon Valley’s Section 230 immunity took a huge step forward Friday as an appeals court that rarely does so agreed to review a lower court’s decision.
The U.S. Appeals Court for the Second Circuit in New York agreed to review a lower court’s ruling that Section 230 of the Communications Decency Act (CDA) protects Big Tech companies like Vimeo from civil rights liability in censorship cases.
Big Tech censorship became a hot button issue during the 2020 presidential campaign when President Donald Trump was selectively censored by Twitter, YouTube, and Facebook.
The controversy became especially heated late in the campaign when a New York Post series of news articles about the allegedly corrupt business dealings of President Joe Biden’s son, Hunter, was banned by the Big Tech giants.
Trump has filed a class-action lawsuit in federal court against the firms that censored him. Sen. Josh Hawley (R-Mo.) has also been the most vocal of multiple congressional conservative Republican critics of Section 230 immunity.
The case of Domen v. Vimeo came about after Vimeo, an Internet video-hosting company, terminated Church United’s video streaming activities after it featured videos of five men and women who left the gay lifestyle to pursue their Christian faith. Vimeo claimed its terms of service bar streaming videos that promote sexual orientation change therapy. Church United is led by Pastor Jim Domen.
A federal district court had previously held that Section 230 exempted firms like Vimeo and a three-judge panel of the Second Circuit upheld the lower court’s ruling.
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As a result of Friday’s decision, however, the panel’s ruling will be reheard before the entire Second Circuit. The Second Circuit covers six federal district courts in three states, including New York, Connecticut and Vermont.
There currently are 10 active judges on the Second Circuit and 13 semi-retired senior judges.“This ruling puts Section 230 immunity in the crosshairs of judicial review. We suspect that the en banc court recognizes that Big Tech is not exempt from state […]
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