Whether §230(c)(1) confers immunity from suit at the pleading stage and protects affirmative first-party conduct by interactive computer service providers

This writ of certiorari centers around the proper scope of immunity conferred by subsection (c) of the Communications Decency Act of 1996 (47 U.S.C. §230, “CDA”). (1) Procedural : Does §230(c)(1) confer “immu nity from suit” warranting dismissal at the pleading stage, or does it operate as a qualified affirmative defense requiring a factual showing (developed through discovery) of entitlement to §230(c)(2)’s civil liability protections? (2) Textual : Does §230(c)(1) protect affirmative first-party conduct by an interactive computer service provider or user, or is the scope of §230(c)(1) limited to passive “computer service” functions relating to third party published content? (3) Congressional intent : Does Congress’ §230(c) “Good Samaritan” intelligible principle (general provision/intent) apply to both §§230(c)(1) and 230(c)(2)? (4) Constitutional : Is §230(c)(1) unconstitutional (e.g., deprivation of due process and/or equal pro tection under the law), as applied, when it (a) functions as absolute immunity from suit, and/or (b) is not subject to the “Good Samaritan” general provision? ii LIST OF PROCEEDINGS U.S. District Court, N.D. California No. 18-cv-05159 Jason Fyk v. Facebook, Inc Initial Dismissal Order : June 18, 2019. (App.19a) First Order Denying Motion to Set Aside Judgment : November 1, 2021 Final Order Denying Second Motion to Set Aside Judgment : January 12, 2024 (App.8a) _ U.S. Court of Appeals, Ninth Circuit (first appeal) No. 19-16232 Jason Fyk v. Facebook, Inc. Final opinion : June 12, 2020 _ Supreme Court of the United States No. 20-632 Jason Fyk v. Facebook, Inc Certiorari denial : January 11, 2021 _ U.S. Court of Appeals, Ninth Circuit (second appeal) No. 21-16997 Jason Fyk v. Facebook, Inc. Final opinion : October 19, 2022 Reconsideration denial : November 9, 2022 Mandate : November 17, 2022 iii _ Supreme Court of the United States No. 22-753 Jason Fyk v. Facebook, Inc Certiorari denial : April 17, 2023 _ U.S. Court of Appeals, Ninth Circuit (third appeal) No. 24-465 Jason Fyk v. Facebook, Inc. Final Opinion : December 11, 2024. (App.1a). Order denying petition for rehearing en banc : January 15, 2025. (App.25a). Mandate : January 23, 2025. (App.6a). Order denying motion to recall mandate : March 4, 2025. (App.7a).