Another Strike Against § 230 of the Communications Decency Act: Courts Allowing § 230 to Trump Federal and State Public Accommodations Protections

SAMUEL ESTREICHER, SAMANTHA ZIPPER

NYU law professor Samuel Estreicher and 2L Samantha Zipper describe how several courts have invoked Section 230 of the Communications Decency Act as a basis for limiting rights against discrimination in public accommodations. Estreicher and Zipper argue that as American society moves increasingly online, § 230 must be read more narrowly, with goals of safeguarding individual civil rights in an already prolific internet sector.

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Luis v. RBC Capital Markets, LLC

Docket: 19-2706

Opinion Date: December 28, 2020

Judge: William Duane Benton

Areas of Law: Contracts

Plaintiffs, former clients of RBC, filed a purported class action suit against RBC for breach of contract, alleging that RBC breached its duties to comply with Financial Industry Regulatory Authority (FINRA) rules and to know the clients' investment profiles. The Eighth Circuit affirmed the district court's grant of summary judgment to RBC, holding that the plain language of the Client Account Agreement did not create either duty. Applying Minnesota law, the court concluded that the Agreement's unambiguous plain language does not create a contractual duty that RBC comply with FINRA rules. In this case, the "subject to" language does not create a contractual duty. Rather, it is an acknowledgement by clients that RBC will comply with FINRA rules. Furthermore, the "I agree" phrase is an acknowledgment of the terms and conditions and does not create a duty. Finally, the court concluded that the RBC did not breach a contractual duty to know its customers.

Pine Bluff School District v. Ace American Insurance Co.

Docket: 19-2594

Opinion Date: December 28, 2020

Judge: Lavenski R. Smith

Areas of Law: Insurance Law

The school district filed suit against ACE, seeking a declaratory judgment stating that the school district's legal liability insurance policy provided coverage for a teacher's retaliatory discharge lawsuit filed against the school district and the principal of Pine Bluff High School. The school district argued that coverage existed for the underlying lawsuit or, alternatively, ACE waived all defenses to coverage and was estopped from claiming no coverage. The Eighth Circuit affirmed the district court's grant of summary judgment in favor of ACE, holding that the single claim provision unambiguously applies and that neither the 2015 Policy nor the 2016 Policy provide coverage for the school district's claim based on the teacher's September 22, 2016 lawsuit. The court applied Arkansas law and held that the doctrines of waiver and estoppel are inapplicable here.