Quora gets Section 230 victory in the Tenth Circuit

Pro se plaintiff Silver filed suit in federal court in New Mexico against the online question-and-answer website Quora, alleging that statements made by two different individuals concerning his professional services were defamatory. Quora moved to dismiss, arguing that the immunity provisions of the Communications Decency Act, at 47 U.S.C. 230 shielded it from liability arising from content posted by its users. The district court granted the motion to dismiss. Plaintiff sought review with the Tenth Circuit Court of Appeals. On review, the court affirmed the lower court’s dismissal of the case.

Citing to its previous Section 230 precedent, Ben Ezra, Weinstein, & Co. v. Am. Online Inc., 206 F.3d 980 (10th Cir. 2000), the court held that Quora was a provider of “an interactive computer service,” that its actions forming the basis of alleged liability, namely, in hosting the content, were that of a “publisher or speaker,” and that the content giving rise to the alleged liability was from “another information content provider,” i.e., the users who posted the content.

Silver v. Quora, Inc., 2016 WL 6892146 (10th Circuit, November 23, 2016)

Evan_BrownAbout the Author: Evan Brown is a Chicago technology and intellectual property attorney. Call Evan at (630) 362-7237, send email to ebrown [at] internetcases.com, or follow him on Twitter @internetcases. Read Evan’s other blog, UDRP Tracker, for information about domain name disputes.