Jason Fyk v. Facebook, Inc.

This writ of certiorari centers around the proper scope of immunity conferred by subsection (c) of the Communications Decency Act of 1996 (47 U.S.C. §230, “CDA”).

1. Procedural: Does §230(c)(1) confer “immunity from suit” warranting dismissal at the pleading stage, or does it operate as a qualified affirmative defense requiring a factual showing (developed through discovery) of entitlement to §230(c)(2)’s civil liability protections?

2. Textual: Does §230(c)(1) protect affirmative first-party conduct by an interactive computer service provider or user, or is the scope of §230(c)(1) limited to passive “computer service” functions relating to thirdparty published content?

3. Congressional intent: Does Congress’ §230(c) “Good Samaritan” intelligible principle (general provision/intent) apply to both §§230(c)(1) and 230(c)(2)?

4. Constitutional: Is §230(c)(1) unconstitutional (e.g., deprivation of due process and/or equal protection under the law), as applied, when it (a) functions as absolute immunity from suit, and/or (b) is not subject to the “Good Samaritan” general provision?