Supreme Court Denies Grindr Lawsuit Appeal

Supreme Court Denies Grindr Lawsuit Appeal

CYBERSPACE — Earlier this year, the 2nd Circuit U.S. Court of Appeals ruled against Matthew Herrick, a New Yorker who sued Grindr, alleging the company failed to take action when an ex-boyfriend used the hookup app to send 1,200 men to his home in an apparent harassment campaign. Herrick’s lawyer, Carrie A Goldberg, appealed that decision; this week, the Supreme Court refused to hear the case and Goldberg reacted poorly.

The original 3-0 decision against Herrick rejected claims of negligence against Grindr, whose attorney, Daniel Waxman, persuaded the court that the company is immune from liability under Section 230 of the Communications Decency Act (CDA) of 1996, the federal law that shields companies from liability for publishing third-party content.

Herrick’s suit against Grindr had been closely watched by the adult industry, particularly in the wake of FOSTA-SESTA, as it carried the potential to make tech companies legally liable for actions carried out by users of their platforms.

“The party at fault here was Herrick's ex-boyfriend, but it was Grindr that Herrick chose to take to court. The case was not argued well. The allegations contained suppositions that were pretty much impossible to reconcile,” observed TechDirt.com.

Legal scholar and law professor Eric Goldman tweeted a quick summary. “It's not the least bit surprising, but today SCOTUS denied cert in Herrick v. Grindr, a significant [Section 230] defense-favorable ruling,” he wrote.

Goldberg retweeted Goldman’s message and added the following commentary: “Sure would be a shame if somebody misused a dating app to send men to this guy's home as happened 1200+ times to our client, Matthew.”

TechDirt called her reply “bizarre and inappropriate,” while law blogger Scott H. Greenfield described it as “inexcusable.”

“So Carrie Goldberg would call on her Twitter followers to attack a law (professor), as her client was attacked by some sick guy he picked on Grindr, for disagreeing with her legal position?” Greenfield asked. He acknowledged Goldberg might have been merely “venting.”

“But when a lawyer calls for an attack on a (professor) whose commentary disputes her legal theory — ‘destroy Goldman like my client was destroyed by his ex-boyfriend’ — we’ve reached a new depth,” he said.

TechDirt notes the “unfortunate side effect” of recent legal arguments against Section 230 immunity. “It's become increasingly popular to blame the immunity for the deeds and words of third-party users. This, of course, makes no sense,” they note. “But the alternative is to recognize users are responsible for their own conduct and content and that unfortunate truth simply won't suffice when there's lawsuits to be filed.”

If Section 230 is weakened or destroyed, “the services and platforms Section 230 opponents seem to believe will become better will actually become more restrictive or cease to exist,” they continue. “And crude reactions like Goldberg's are exactly the sort of thing that will disappear fastest if platforms can be sued for things their users have said.”

At post time, Goldberg’s tweet was still up.

Related:  

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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

APClips Launches New Blog

APClips has launched a blog, AmateurPorn.com.

Centrobill Launches 'Max' Payment Suite

Payment processing service Centrobill has launched its new Max Suite toolkit.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters by country in December and January.

South Dakota Legislators Debate AV Legal Strategies

The South Dakota state Senate Judiciary Committee on Tuesday heard testimony and debate over two competing age verification bills, in a hearing that focused largely on which piece of legislation could best withstand potential legal challenges.

Mobile OnlyFans Management Platform 'TopCreator' Launches

Mobile OnlyFans management and chat platform TopCreator has launched.

JustFor.fans Marks Its 7th Anniversary With Palm Springs Conference

JustFor.fans is celebrating its seventh anniversary with a four-day conference and party in Palm Springs May 18-21.

Show More