No. 23-961

John Doe, Through Next Friend Jane Roe v. Snap, Inc., dba Snapchat, L.L.C., dba Snap, L.L.C.

Lower Court: Fifth Circuit
Docketed: 2024-03-05
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (4) Experienced Counsel
Tags: civil-rights content-provider due-process free-speech internet-service-provider negligence negligent-design section-230 sexual-assault sexual-predator tortious-misconduct
Key Terms:
Privacy
Latest Conference: 2024-07-01 (distributed 4 times)
Question Presented (AI Summary)

Does 47 U.S.C. Section 230 immunize internet service providers from any suit based on their own tortious misconduct simply because third-party content is also involved?

Question Presented (OCR Extract)

QUESTION PRESENTED John Doe’s high school science teacher used Snapchat when Doe was 15 years old to groom him, induce his drug abuse, and then sexually assault him. Under 47 U.S.C. Section 230(c)(1), an internet service provider cannot be treated as the “publisher” or “speaker” of information transmitted by another content provider. Doe does not seek to hold Snap liable as a publisher or speaker, but rather (1) as a host who negligently designed an environment rife with sexual predators and then lured children in, and (2) as a distributor who knew or should have known, given the technology it uses to screen content for advertisers, that Doe’s teacher was using Snapchat to groom him. The question presented is: Does 47 U.S.C. Section 230 immunize internet service providers from any suit based on their own tortious misconduct simply because third-party content is also involved?

Docket Entries

2024-07-02
Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-961_1924.pdf'>Opinion</a>)
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-06-11
Rescheduled.
2024-05-28
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-23
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-05-20
2024-04-18
2024-04-18
2024-04-18
2024-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2024.
2024-03-29
Motion to extend the time to file a response from April 18, 2024 to May 20, 2024, submitted to The Clerk.
2024-03-19
Response Requested. (Due April 18, 2024)
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-03-08
Waiver of right of respondent Snap, Inc. to respond filed.
2024-03-01

Attorneys

CHILD USA, National Center on Sexual Exploitation, The Kempe Foundation
Marci A. HamiltonCHILD USA, Amicus
John Doe
Tillman J. BreckenridgeStris & Maher LLP, Petitioner
Seattle School District No. 1, Center for Humane Technology, and Heat Initiative
Felicia Johnston CraickKeller Rohrback L.L.P., Amicus
Snap, Inc.
Ashley C. ParrishKing & Spalding, Respondent
State of Mississippi, et al.
Scott Grant StewartMississippi Attorney General's Office, Amicus