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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United States v. Rojas-Reyes

Dockets: 19-1188, 19-1074, 19-1110, 19-1126

Opinion Date: December 28, 2020

Judge: Diane Pamela Wood

Areas of Law: Criminal Law

The defendants played active roles in a cross-country drug organization: Castro-Aguirre served as the head of operations; Ramirez-Prado handled logistics, including providing cars and hotels for distributors and couriers; Rojas-Reyes coordinated sales in Indianapolis; and Carrillo-Tremillo conducted sales in the northeast. A jury found each of 12 defendants guilty of conspiracy to distribute the controlled substances (methamphetamine and cocaine), 21 U.S.C. 841(a)(1) & 846, and conspiracy to launder money., 18 U.S.C. 1956(h)) Castro-Aguirre and Rojas-Reyes were also convicted on several additional charges. The Seventh Circuit affirmed their convictions and sentences, including one life sentence, with the exception of vacating Carrillo-Tremillo’s conviction for conspiracy to launder money. The court upheld the denial of a motion to suppress cell-site location information; the government, following the procedures set forth in the Stored Communications Act, gathered it in good faith. The court also upheld the denial of a motion in limine to suppress evidence of their gang membership and evidence that the Sinaloa Cartel was behind the kidnapping and murder of the defendants’ supplier. Although the evidence of the kidnapping and murder was highly prejudicial and its connection to the charged conduct was tenuous, any error was harmless in light of the other evidence.