"Roommate Issues: Section 230 Immunity in the 9th Circuit," Los Angeles Daily Journal

In this article, which is the October 2011 “Content Matters” column in the Los Angeles Daily Journal and San Francisco Daily Journal, Jenner & Block Partner Andrew J. Thomas and Law Clerk Jonathan D. Weiss analyze the 9th Circuit’s interpretation of the protection afforded by Section 230 of the federal Communications Decency Act (CDA), to providers or users of an interactive computer service, for publication-based tort claims based on actionable content provided by a third party.  Mr. Thomas and Mr. Weiss trace the court’s early decisions, which interpreted Section 230 as conferring broad immunity on websites, to its narrowing of the protection in 2008, in Fair Housing Council v. Roommates.com.  However, the authors show that the Roommates result was, itself, narrowly construed in later cases, concluding that the consensus today, in the 9th Circuit and elsewhere, embraces “a broad reading of Section 230 immunity” and “that Roommates.com was not the sea change in CDA immunity that many had feared.”  

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

"Roommate Issues: Section 230 Immunity in the 9th Circuit," Los Angeles Daily Journal

In this article, which is the October 2011 “Content Matters” column in the Los Angeles Daily Journal and San Francisco Daily Journal, Jenner & Block Partner Andrew J. Thomas and Law Clerk Jonathan D. Weiss analyze the 9th Circuit’s interpretation of the protection afforded by Section 230 of the federal Communications Decency Act (CDA), to providers or users of an interactive computer service, for publication-based tort claims based on actionable content provided by a third party.  Mr. Thomas and Mr. Weiss trace the court’s early decisions, which interpreted Section 230 as conferring broad immunity on websites, to its narrowing of the protection in 2008, in Fair Housing Council v. Roommates.com.  However, the authors show that the Roommates result was, itself, narrowly construed in later cases, concluding that the consensus today, in the 9th Circuit and elsewhere, embraces “a broad reading of Section 230 immunity” and “that Roommates.com was not the sea change in CDA immunity that many had feared.”  

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Associate Steven Arango to Speak at the Veterans' Legal Career Fair

On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.

September 18, 2026

Publications

In American Banker, Partner Laurel Loomis Rimon Weighs in on OCC's Handling of Fintech Bank Charter Applications

Partner Laurel Loomis Rimon spoke with American Banker about how the Office of the Comptroller of the Currency is approaching bank charter applications from fintechs, amid a growing wave of companies seeking charters from federal regulators.

August 18, 2026

Event

Partner David Greenwald to Speak at PLI Program on Privilege and AI

On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).

August 17, 2026