"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

Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar

As the Supreme Court's new Term begins, Jenner & Block Partner Amanda Shafer Berman will join a Women's Energy Network of Washington, DC (WEN-DC) webinar on how the Court's decisions are shaping the energy sector.

October 14, 2026

Publications

Partner Amanda Shafer Berman Quoted in Bloomberg Law on Senate Permitting Overhaul Bill

Partner Amanda Shafer Berman was quoted in an October 5 Bloomberg Law article, "Permitting Deal Gives Projects Defense Against Litigation Delays," on the Senate's new permitting overhaul package and its expected impact on litigation over federal permitting reversals.

October 2026

Event

Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”

On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.

October 8, 2026

Event

Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference

On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.

October 7, 2026

Publications

The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.

October 5, 2026