No. 22-753

Jason Fyk v. Facebook, Inc.

Lower Court: Ninth Circuit
Docketed: 2023-02-10
Status: Denied
Type: Paid
Tags: communications-decency-act content-moderation due-process free-speech good-samaritan immunity interactive-computer-service-provider internet-service-provider section-230
Key Terms:
AdministrativeLaw Antitrust FirstAmendment DueProcess Takings Privacy JusticiabilityDoctri
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Proper scope of immunity under Section 230(c) of the Communications Decency Act

Question Presented (from Petition)

QUESTIONS PRESENTED This writ of certiorari centers around the proper scope of immunity conferred by subsection (c) of the Communications Decency Act of 1996 (“CDA”), Title 47, United States Code, Section 230 (entitled “Protection for private blocking and screening of offensive material”) to interactive computer service (“ICS”) providers (“ICSP”). 1. Section 230(c)(1) immunize any/all conduct/actions of an ICSP from civil liability arising out of its actions and decisions to content, regardless of its motivation, including commercial benefit, anti-competition, bad faith, and/or other non-Good Samaritan reasons, which such conduct would otherwise be actionable outside the Internet ether? 2. MOTIVATION-Does the Section 230(c) “Good Samaritan” general provision apply generally to all of Section 230(c) (at the threshold of the immunity analysis) as the statute is written, or is the Section 230(c) “Good Samaritan” “intelligible principle” only applicable to Section 230(c)(2) as the District Court held here (which such issue the Ninth Circuit declined to address or remand)? 3. Section 230(c)’s protection of ICSPs can supersede individual rights; i.e., does Section 230(c) immunize an ICSP (Respondent, Facebook, Inc., “Facebook”) from taking the property and/or liberty (speech) of an ICS user (“ICSU”) (Petitioner, Jason Fyk, “Fyk”) without due process (and, separately, free speech) rights? il LIST OF PROCEEDINGS DIRECT PROCEEDINGS BELOw1, 2 U.S. District Court, N.D. Cal No. 18-cv-05159-JSW Jason Fyk, Plaintiff v. Facebook, Inc., Defendant Dismissal order: June 18, 2019. (App.7a-12a) Order denying Motion for Relief Pursuant to Fed. R. Civ. P. 60(b) to Vacate and Set Aside Entry of Judgment: November 1, 2021. (App.4a-6a) U.S. Court of Appeals, Ninth Circuit No. 19-16232 Jason Fyk, Appellant v. Facebook, Inc., Appellee First Appeal, Final Opinion: June 12, 2020. (App.538a-542a) Second Appeal, Final Opinion: October 19, 2022. (App.1a-3a) Reconsideration denial: November 9, 2022. (App.13a) Mandate: November 17, 2022. (App.14a) 1 Fyk’s first SCOTUS petition/booklet (sans exhibits) is attached and incorporated as App.641a-681a. 2 All germane District Court filings (through [D.E. 51]) associated with Fyk’s second appeal leading to this Petition are excerpts of record (“ER”) associated with Fyk’s opening brief filed in the Ninth Circuit on March 2, 2022. All germane Ninth Circuit filings (through [D.E.40]) associated with Fyk’s second appeal leading to this Petition are attached in the

Docket Entries

2023-04-17
Petition DENIED.
2023-03-29
DISTRIBUTED for Conference of 4/14/2023.
2023-02-07

Attorneys

Jason Fyk
Constance Jiun-yee YuPutterman |Yu |Wang LLP, Petitioner
Constance Jiun-yee YuPutterman |Yu |Wang LLP, Petitioner