No. 24-1116

Jason Fyk v. Facebook, Inc.

Lower Court: Ninth Circuit
Docketed: 2025-04-28
Status: Denied
Type: Paid
Amici (3)Response Waived
Tags: communications-decency-act first-party-conduct immunity interactive-computer-service pleading-stage section-230
Latest Conference: 2025-06-18
Question Presented (from Petition)

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 immu nity 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 third party 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 pro tection 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?

Question Presented (AI Summary)

Whether §230(c)(1) confers immunity from suit at the pleading stage and protects affirmative first-party conduct by interactive computer service providers

Docket Entries

2025-06-23
Petition DENIED.
2025-06-03
DISTRIBUTED for Conference of 6/18/2025.
2025-05-28
Amicus brief of America's Future, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, Free Speech Coalition, Free Speech Defense and Education Fund, The Senior Citizens League, Public Advocate of the U.S., Public Advocate Foundation, Heller Foundation, and Conservative Legal Defense and Education Fund submitted.
2025-05-28
2025-05-28
2025-05-27
Amicus brief of David W. Morgan submitted.
2025-05-27
2025-05-23
Waiver of Facebook, Inc. of right to respond submitted.
2025-05-23
Waiver of right of respondent Facebook, Inc. to respond filed.
2025-04-15
Petition for a writ of certiorari filed. (Response due May 28, 2025)

Attorneys

America's Future, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, Free Speech Coalition, Free Speech Defense and Education Fund, The Senior Citizens League, Public Advocate of the U.S., Public Advocate Foundation, Heller Foundation
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
American Made Foundation
Peter David TicktinThe Ticktin Law Group, P.A., Amicus
David W. Morgan
Ronald Dean Green Jr.Randazza Legal Group, Amicus
Facebook, Inc.
Paven MalhotraKeker & Van Nest LLP, Respondent
Jason Fyk
Jeffrey Lewis GreyberGreyber Law, PLLC, Petitioner