Ninth Circuit Ruling Will Force Online Platforms That Host User Speech to Fight Lengthy and Costly Lawsuits Before They Are Dismissed Under Section 230
The open internet just took a gut punch from the federal judiciary, and the bruise is going to show on everyone’s face except Big Tech’s. In a move that defies both logic and the text of the law, a three-judge panel of the Ninth Circuit has ruled in California v. Meta that when a lower court denies a platform Section 230 immunity, that denial is not immediately appealable. source↗ This means that any online service hosting user speech—from giant social media monopolies down to the smallest community message board—will be forced to fight through years of costly litigation before they can get a frivolous lawsuit tossed out.
It is easy to look at a case involving Meta and shrug. After all, they have the deep pockets to fight state attorneys general and local governments. But the legal precedent set here is a loaded gun aimed squarely at the head of the independent web. If a platform cannot appeal an early denial of Section 230, they have to endure the brutal, bankrupting process of discovery, depositions, and trial preparation. For a giant like Meta, that’s just a rounding error on their legal budget. For an independent forum, a local ISP, or a blogger hosting comments, it is a death sentence.
Immunity From Suit vs. Immunity From Liability
To understand how destructive this ruling is, you have to understand the procedural game being played. Under federal law, appellate courts generally only hear appeals of
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