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 © 2026 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

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Children

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray children.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

Show More