Comments on: First Circuit Says Mirroring Qualifies for Section 230–Monsarrat v. Newman https://blog.ericgoldman.org/archives/2022/03/first-circuit-says-mirroring-qualifies-for-section-230-monsarrat-v-newman.htm Fri, 11 Mar 2022 22:01:00 +0000 hourly 1 By: ThorsProvoni https://blog.ericgoldman.org/archives/2022/03/first-circuit-says-mirroring-qualifies-for-section-230-monsarrat-v-newman.htm#comment-3201 Fri, 11 Mar 2022 22:01:00 +0000 https://blog.ericgoldman.org/?p=23660#comment-3201 I read Monsarrat v. Newman, 2022 WL 714426 (1st Cir. March 10, 2022).

I used to work with Ron Newman. I hope he did not have to spend much to prevail in this case.

Maybe I am parochial, but I often enjoy reading 1st Circuit decisions even when the decision contains too many unneeded adverbs and some questionable punctuation as this affirmation does. Usually I even think highly of a ruling from District Court Judge Stearns although not in Martillo v. Twitter.

Maybe if I were an attorney, I could have convinced him to underrule Section 230 caselaw based on Zeran v. America Online, 129 F.3d 327 (4th Cir. 1997) and on Noah v. AOL Time Warner Inc., 261 F. Supp. 2d 532 (E.D. Va. 2003), but the possibility of obtaining an underruling was always a long shot.

Martillo v. Twitter (21-6916) goes to conference March 25. Eric and Mike Masnick seem to imply that Justice Thomas will be a friendlier audience.

]]> By: ThorsProvoni https://blog.ericgoldman.org/archives/2022/03/first-circuit-says-mirroring-qualifies-for-section-230-monsarrat-v-newman.htm#comment-3200 Fri, 11 Mar 2022 19:54:00 +0000 https://blog.ericgoldman.org/?p=23660#comment-3200 Mirroring may be rare nowadays in the case of social mediums, but the mirroring-relevant caselaw probably applies to an Interactive Computer Service that provides an aggregation service.

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