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Adrienne Sepaniak King v. Meta Platforms, Inc., fka Facebook, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15602 · judgment August 18, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Should this Court 1) adopt the opinion of Justice Thomas in his concurrence to the denial of certiorari in Malwarebytes v. Enigma Software Group USA, LLC, 592 US ___, 141 S.Ct. 13, 208 L.Ed.2d 197 (2020), that Barnes v. Yahoo!, Inc., 570 F.3d 1102 (9th Cir. 2009), was wrongly decided in holding that 47 USC 230(c)(1) provides interactive computer services (like Respondent Facebook in this case) with immunity for removing content in addition to immunity for hosting content by “adopting the all too common practice of [courts’] reading extra immunity into statutes where it does not belong,” 2) reverse the Barnes decision by holding that 47 USC 230(c)(1) does not provide immunity for removing content, and 3) reverse the holding of the Ninth Circuit Court of Appeals in this case, based on Barnes, which affirmed the holding of the District Court that Facebook was immune, pursuant to 47 USC 230(c)(1), from King’s cause of action against Facebook for breach of contract for removing content from and disabling King’s Facebook Account without having required Facebook to show immunity pursuant to 47 USC 230(c)(2)(A) for removal of content from King’s Facebook Account?

Counsel of record

For petitioner
Samuel P. King Jr.

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 15 2024
    Rehearing DENIED.
  2. Mar 27 2024
    DISTRIBUTED for Conference of 4/12/2024.
  3. Mar 18 2024
  4. Feb 20 2024
    Petition DENIED.
  5. Feb 13 2024
    Supplemental brief of petitioner Adrienne King filed. (Distributed)
  6. Jan 31 2024
    DISTRIBUTED for Conference of 2/16/2024.
  7. Dec 11 2023
    Petition for a writ of certiorari filed. (Response due January 16, 2024)