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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Taylor v. Medeiros

Docket: 19-1552

Opinion Date: December 23, 2020

Judge: Kermit Victor Lipez

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The First Circuit affirmed the district court's denial of Appellant's petition for a writ of habeas corpus, holding that the the Supreme Judicial Court of Massachusetts (SJC) reasonably applied clearly established law in holding that improper statements by the prosecutor during Appellant's trial did not render the trial fundamentally unfair. After a jury trial in Massachusetts state court Appellant was convicted of murder in the second degree and sentenced to life imprisonment. On appeal, Appellant argued that the prosecutor's closing argument was improper. The SJC affirmed Appellant's conviction, concluding that the prosecutor's "unfortunate" remarks did not warrant a new trial. Appellant later filed a habeas petition, which the district court denied. The First Circuit affirmed, holding that the district court's conclusion that the prosecutor's challenged statements did not render Appellant's trial fundamentally unfair was a reasonable application of clearly established federal law as determined by the Supreme Court.

Ruiz Varela v. Barr

Docket: 19-1994

Opinion Date: December 23, 2020

Judge: Casper

Areas of Law: Government & Administrative Law, Immigration Law

The First Circuit denied Petitioner's petition for review of a final order of removal issued by the Board of Immigration Appeals (BIA) dismissing Petitioner's appeal from the decision of an immigration judge (IJ) denying Petitioner's request for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 1231(b)(3), holding that Petitioner was not entitled to relief. Petitioner, a native and citizen of Honduras, sought withholding of removal under the Convention Against Torture and withholding of removal. The IJ denied the petition for withholding of removal, concluding that Petitioner failed to sustain his burden of showing that he was targeted on account of family membership, a protected ground. The BIA affirmed. The First Circuit affirmed, holding that there was substantial evidence to support the BIA's decision because Petitioner failed to establish the required nexus between his treatment by the police and his membership in a particular social group - his immediate family.