Amicus Letter on Protection of Craigslist Against Defamation

Dear Justices of the Court of Appeal:

Public interest non-profits the Electronic Frontier Foundation, Citizen Media Law Project, and the Center for Democracy & Technology, and law professors Eric Goldman, Jason Schultz, David Post and David Levine (collectively, "Amici") submit this letter in support of Defendant-Petitioner craigslist, Inc.'s petition for a writ to this Court. Amici urge the Court of Appeal to grant this writ and reverse the Superior Court's denial of craiglist's demurrer because craiglist is statutorily immune from liability pursuant to Section 230 of the Communications Act, as amended, 47 U.S.C. 230 ("Section 230"). The Superior Court's interpretation of Section 230 is neither compelled by the language of the statue nor advisable as a matter of policy. If left intact, the decision below will generate perverse incentives on the part of providers of interactive computer services to be more circumspect and less helpful when approached by individuals who claim to have been injured by third party content.


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