Calif. High Court Unlikely to Impose Liability for Online Speech

SACRAMENTO, Calif. — Justices of the California state Supreme Court hearing oral arguments in an online defamation case signaled that they were unwilling to impose liability on Internet service providers for the potentially libelous speech by third parties operating on their networks.

Attorney Christopher Grell, who represents the plaintiff, Stephen Barrett, faced stiff opposition from the seven-judge panel, with Justice Ming Chin saying that he was surprised by the plaintiff’s “startling lack of legal authority.”

According to Law.com reporter Mike McKee, Chin’s comments regarding Grell’s lack of legal authority seemed to speak for the entire court.

The case arises out of allegedly libelous statements made online by Ilena Rosenthal, a women’s health advocate, who published a letter by co-defendant Tim Bolen attacking Pennsylvania psychiatrist Stephen Barrett and Canadian doctor Terry Polevoy for their unfavorable views of alternative medicine.

Alameda County Superior Court Judge James Richman tossed the libel suit in 2001, but a San Francisco appellate court reinstated the case saying that an email from Barrett threatening to sue Rosenthal put her on notice that she could be held liable for publishing Bolen’s letter.

That ruling prompted a range of online companies, including Earthlink and Amazon.com, as well as the Electronic Frontier Foundation, to file amicus briefs on behalf of Rosenthal and Bolen, arguing that imposing liability after a potential plaintiff sends email notice threatening to sue could chill free speech.

"If, simply by receiving 'notice,' service providers were potentially liable for the unimaginable volume of third-party content that constantly flows through their services," the companies' lawyer, Samir Jain, said, "they would have little choice but to automatically and immediately take down and block third-party content in response to virtually all complaints."

Jain also told the court that notice-based liability would “unleash a heckler’s veto that would suppress swaths of entirely legitimate content.”

A ruling in the case is due within 90 days.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Adult Industry Educational, Networking Platform 'Imperfectly You' Launches

Imperfectly You, an educational and networking platform for adult industry workers, has officially launched.

Segpay to Launch News Network for High-Risk Merchants

Segpay has announced that it will launch the Segpay News Network (SNN) on April 15.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pineapple Support to Host Autism Spectrum Support Group

Pineapple Support is hosting a free online support group for performers and creators who are, or suspect they may be, on the autism spectrum.

ImLive Launches Revamped Member Loyalty Program

Cam platform ImLive has revamped its member loyalty program.

GoFundMe Set Up for Danny Ferretti's Medical Expenses

A GoFundMe campaign has been set up for Fangear founder Danny Ferretti, who requires extensive lung surgery.

Byborg Acquires Cuties AI

Byborg Enterprises has acquired adult artificial intelligence startup Cuties AI.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

New York Assemblyman Proposes Banning the Term 'Sex Work'

Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents.

Show More