Supreme Court of the United States · Official docket →
Reynaldo Gonzalez, et al. v. Google LLC
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16700 · judgment June 22, 2021
Decided · May 18, 2023
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.
Question presented
Section 203(c)(l) of the Communications Decency Act immunizes an "interactive computer service" (such as YouTube, Google, Facebook and Twitter) for "publish[ing] ... information provided by another" "information content provider" (such as someone who posts a video on YouTube or a statement on Facebook). This is the most recent of three court of appeals' decisions regarding whether section 230(c)(l) immunizes an interactive computer service when it makes targeted recommendations of information provided by such another party. Five courts of appeals judges have concluded that section 230(c)(l) creates such immunity. Three court of appeals judges have rejected such immunity. One appellate judge has concluded only that circuit precedent precludes liability for such recommendations. The question presented is: Does section 230(c)(l) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?
Counsel of record
For petitioner
Eric Schnapper
Univ. of Washington School of Law
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
79 merits
(31 supporting pet./neither, 48 respondent)
Argument & decision
Argued February 21, 2023 — Eric Schnapper · Lisa S. Blatt. Audio and transcript
Decided May 18, 2023. Opinion by Per Curiam.
Proceedings
- Jun 20 2023Judgment issued.
- May 18 2023Judgment VACATED and case REMANDED. Opinion per curiam.
- Feb 21 2023Argued. For petitioners: Eric Schnapper, Seattle, Wash.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lisa S. Blatt, Washington, D. C.
- Feb 07 2023Reply of petitioners Reynaldo Gonzalez, et al. filed. (Distributed)
- Jan 26 2023Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Jan 19 2023Amicus brief not accepted for filing. (January 19, 2023 - to be resubmitted as brief for amici Chamber of Progress, et al.)
- Jan 19 2023Brief amici curiae of Chamber of Progress et al. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Developers Alliance filed. (Distributed)
- Jan 19 2023Brief amici curiae of Reddit, Inc. and Reddit moderators filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Wikimedia Foundation filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Internet Society filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Bipartisan Policy Center filed. (Distributed)
- Jan 19 2023Brief amici curiae of Senator Ron Wyden and Former Representative Christopher Cox filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Software & Information Industry Association filed. (Distributed)
- Jan 19 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
- Jan 19 2023Brief amici curiae of Computer & Communications Industry Association, et al. filed. (Distributed)
- Jan 19 2023Brief amici curiae of Marketplace Industry Association and Match Group, LLC filed. (Distributed)
- Jan 19 2023Brief amici curiae of Scholars of Civil Rights and Social Justice filed. (Distributed)
- Jan 19 2023Brief amici curiae of Internet Law Scholars filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Progressive Policy Institute filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Twitter, Inc. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Meta Platforms, Inc. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of M. Chris Riley, Floor64, Inc. d/b/a The Copia Institute, and Engine Advocacy filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Reason Foundation filed. (Distributed)
- Jan 19 2023Brief amici curiae of Electronic Frontier Foundation, et al. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Knight First Amendment Institute at Columbia University filed. (Distributed)
- Jan 19 2023Brief amici curiae of Information Science Scholars filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Trust & Safety Foundation filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Craigslist, Inc. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Product Liability Advisory Council, Inc. filed. (Distributed)
- Jan 19 2023Brief amici curiae of Internet Works, et al. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Microsoft Corporation filed. (Distributed)
- Jan 19 2023Brief amici curiae of Economists Ginger Zhe Jin, et al. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Yelp Inc. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of Automattic Inc. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of The American Action Forum filed. (Distributed)
- Jan 19 2023Brief amici curiae of National Security Experts filed. (Distributed)
- Jan 19 2023Brief amici curiae of Authors Alliance and Internet Creators filed. (Distributed)
- Jan 19 2023Brief amici curiae of Former Senator Rick Santorum and Protect the First Foundation filed. (Distributed)
- Jan 19 2023Brief amici curiae of ZipRecruiter, Inc. and Indeed, Inc. filed. (Distributed)
- Jan 19 2023Brief amicus curiae of NYU Stern Center for Business and Human Rights filed. (Distributed)
- Jan 19 2023Brief amici curiae of Reporters Committee for Freedom of the Press and the Media Law Resource Center filed. (Distributed)
- Jan 19 2023Brief amicus curiae of ACT | The App Association filed. (Distributed)
- Jan 19 2023Brief amici curiae of Cato Institute, et al. filed. (Distributed)
- Jan 19 2023Brief amici curiae of American Civil Liberties Union, et al filed. (Distributed)
- Jan 19 2023Brief amici curiae of ARTICLE 19: Global Campaign For Free Expression, et al. filed. (Distributed)
- Jan 19 2023Brief amici curiae of Center For Growth and Opportunity, et al. filed. (Distributed)
- Jan 19 2023Brief amici curiae of Economists filed (Jan. 26, 2023). (Distributed)
- Jan 18 2023Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Jan 18 2023Brief amici curiae of Internet Infrastructure Coalition, et al. filed. (Distributed)
- Jan 18 2023Brief amicus curiae of TechFreedom filed. (Distributed)
- Jan 18 2023Brief amici curiae of Center for Democracy & Technology, et al. filed. (Distributed)
- Jan 18 2023Brief amicus curiae of Public Knowledge filed (Jan. 30, 2023). (Distributed)
- Jan 17 2023CIRCULATED
- Jan 17 2023Amicus brief of Public Knowledge not accepted for filing. (January 17, 2023 - corrected efiling to be submitted.)
- Jan 17 2023Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
- Jan 16 2023Brief amicus curiae of Prof. Eric Goldman filed. (Distributed)
- Jan 12 2023Brief of respondent Google LLC filed. (Distributed)
- Dec 22 2022The record from the U.S.D.C. Northern District of California is available on PACER.
- Dec 21 2022The record from the U.S.C.A. 9th Circuit is available on PACER.
- Dec 20 2022Record requested from the U.S.C.A. 9th Circuit.
- Dec 19 2022SET FOR ARGUMENT on Tuesday, February 21, 2023.
- Dec 07 2022Brief amicus curiae of United States in support of vacatur filed.
- Dec 07 2022Brief amici curiae of The Cyber Civil Rights Initiative and Legal Scholars filed.
- Dec 07 2022Brief amici curiae of Counter Extremism Project (CEP), et al. filed.
- Dec 07 2022Brief amicus curiae of American Association for Justice filed.
- Dec 07 2022Brief amici curiae of The National Center on Sexual Exploitation, et al. filed.
- Dec 07 2022Brief amicus curiae of Texas filed.
- Dec 07 2022Brief amicus curiae of Anti-Defamation League in support of neither party filed.
- Dec 07 2022Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. in support of neither party filed.
- Dec 07 2022Brief amici curiae of Seattle School District No. 1, et al. filed.
- Dec 07 2022Brief amicus curiae of CHILD USA filed.
- Dec 07 2022Brief amicus curiae of Electronic Privacy Information Center filed.
- Dec 07 2022Brief amicus curiae of Free Press Action in support of neither party filed.
- Dec 07 2022Brief amici curiae of Former National Security Officials in support of neither party filed.
- Dec 07 2022Brief amici curiae of Institute for Free Speech, et al. in support of neither party filed.
- Dec 07 2022Brief amicus curiae of Tawainna Anderson individually and as Administratrix of the Estate of Nylah Anderson a deceased minor filed.
- Dec 07 2022Brief amici curiae of America's Future, et al. filed.
- Dec 07 2022Brief amicus curiae of Center for Renewing America, Inc. in support of neither party filed.
- Dec 07 2022Brief amici curiae of U.S. Senator Ted Cruz, et al. in support of neither party filed.
- Dec 07 2022Brief amici curiae of Zionist Organization of America, et al. filed.
- Dec 07 2022Brief amici curiae of Integrity Institute, et al. in support of neither party (12/14/2022) filed.
- Dec 07 2022Brief amicus curiae of Children’s Advocacy Institute at the University of San Diego School of Law in support of neither party filed.
- Dec 06 2022Brief amicus curiae of Giffords Law Center to Prevent Gun Violence in support of neither party filed.
- Dec 06 2022Brief amici curiae of Common Sense Media and Frances Haugen filed.
- Dec 06 2022Brief amicus curiae of Fairplay filed.
- Dec 06 2022Brief amicus curiae of CITP Tech Policy Clinic in support of neither party filed.
- Dec 06 2022Brief amicus curiae of Senator Josh Hawley filed.
- Dec 06 2022Brief amicus curiae of Free Speech for People filed.
- Dec 06 2022Brief amici curiae of States of Tennessee, et al. filed.
- Dec 06 2022Brief amici curiae of Major General Tamir Hayman (ret.),et al. filed.
- Dec 01 2022Brief amici curiae of National Police Association, Inc., et al. filed.
- Nov 30 2022Brief of petitioners Reynaldo Gonzalez, et al. filed.
- Nov 30 2022Joint appendix filed.
- Nov 23 2022Motion for a further extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including November 30, 2022. The time to file respondent's brief on the merits is further extended to and including January 12, 2023.
- Nov 22 2022Motion for a further extension of time to file the briefs on the merits filed.
- Nov 18 2022Brief amicus curiae of Liberty Justice Center filed.
- Nov 10 2022Motion to extend the time to file the joint appendix and the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 29, 2022. The time to file respondent's brief on the merits is extended to and including January 11, 2023.
- Nov 03 2022Motion for an extension of time to file the joint appendix and the briefs on the merits filed. (November 8, 2022 - corrected submission accepted.)
- Nov 02 2022Blanket Consent filed by Petitioner, Reynaldo Gonzalez, et al.
- Oct 18 2022Blanket Consent filed by Respondent, Google LLC
- Oct 03 2022Petition GRANTED.
- Aug 31 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 19 2022Reply of petitioners Reynaldo Gonzalez, et al. filed.
- Jul 05 2022Brief of respondent Google LLC in opposition filed.
- Apr 29 2022Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2022.
- Apr 28 2022Motion to extend the time to file a response from May 6, 2022 to July 5, 2022, submitted to The Clerk.
- Apr 04 2022Petition for a writ of certiorari filed. (Response due May 6, 2022)