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John Doe, Through Next Friend Jane Roe v. Snap, Inc., dba Snapchat, L.L.C., dba Snap, L.L.C.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-20543 · judgment December 18, 2023


Certiorari denied · July 2, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

John Doe’s high school science teacher used Snapchat when Doe was 15 years old to groom him, induce his drug abuse, and then sexually assault him. Under 47 U.S.C. Section 230(c)(1), an internet service provider cannot be treated as the “publisher” or “speaker” of information transmitted by another content provider. Doe does not seek to hold Snap liable as a publisher or speaker, but rather (1) as a host who negligently designed an environment rife with sexual predators and then lured children in, and (2) as a distributor who knew or should have known, given the technology it uses to screen content for advertisers, that Doe’s teacher was using Snapchat to groom him. The question presented is: Does 47 U.S.C. Section 230 immunize internet service providers from any suit based on their own tortious misconduct simply because third-party content is also involved?

Counsel of record

For petitioner
Tillman J. Breckenridge
Stris & Maher LLP

For respondent
Ashley C. Parrish
King & Spalding

Case

Conference history
Distributed for 4 conferences

Amicus briefs
3 cert-stage

Argument & decision

Decided July 2, 2024.

Proceedings

  1. Jul 02 2024
    Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion)
  2. Jun 28 2024
    DISTRIBUTED for Conference of 7/1/2024.
  3. Jun 17 2024
    DISTRIBUTED for Conference of 6/20/2024.
  4. Jun 11 2024
    Rescheduled.
  5. May 28 2024
    DISTRIBUTED for Conference of 6/13/2024.
  6. May 28 2024
    Reply of petitioner John Doe filed. (Distributed)
  7. May 23 2024
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  8. May 20 2024
    Brief of respondent Snap, Inc. in opposition filed.
  9. Apr 18 2024
    Brief amici curiae of Mississippi, et al. filed.
  10. Apr 18 2024
    Brief amici curiae of CHILD USA, et al. filed.
  11. Apr 18 2024
    Brief amici curiae of Seattle School District No. 1, et al. filed.
  12. Apr 01 2024
    Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2024.
  13. Mar 29 2024
    Motion to extend the time to file a response from April 18, 2024 to May 20, 2024, submitted to The Clerk.
  14. Mar 19 2024
    Response Requested. (Due April 18, 2024)
  15. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  16. Mar 08 2024
    Waiver of right of respondent Snap, Inc. to respond filed.
  17. Mar 01 2024
    Petition for a writ of certiorari filed. (Response due April 4, 2024)