9th Circuit Rules in ModelMayhem.com 'Failure-to-Warn' Case

9th Circuit Rules in ModelMayhem.com 'Failure-to-Warn' Case

PASADENA, Calif. — In a decision that could spur more internet failure-to-warn cases, the 9th U.S. Circuit Court of Appeals today decided for a second time that Section 230 of the Communications Decency Act does not bar civil claims made by a woman who was raped after she was lured to a bogus casting call on ModelMayhem.com.

Today’s ruling is similar to a previous one made by a 9th Circuit panel in April that sided with the woman, known as Jane Doe No. 14, who was challenging a lower court ruling that tossed her case. The previous ruling by the 9th Circuit was withdrawn in February and re-argued.

The case ended up at the 9th Circuit after a lower court dismissed her claims for monetary damages under Section 230 of the Communications Decency Act, which limits the liability of a website's publisher for content posted by third parties. In this case, it was Doe’s posting of her contact information.

The woman claimed that ModelMayhem operators knew but failed to warn users that two men, Lavont Flanders and Emerson Callum, would use the website to lure victims to the Miami area for bogus modeling auditions. The men, she said, then drugged, raped and filmed her.

Flanders and Callum were tried, convicted and given consecutive life sentences in prison for their activities.

Today, the 9th Circuit, in tossing the lower court ruling and sending it back to the lower court, said that the Communications Decency Act wasn’t meant to create a “lawless no-man’s-land on the Internet.”

“[I]t may be true that imposing any tort liability on [ModelMayhem] for its role as an interactive computer service could be said to have a ‘chilling effect’ on the internet, if only because such liability would make operating an internet business marginally more expensive,” the 9th Circuit said in today’s ruling. “But such a broad policy argument does not persuade us that the CDA should bar the failure to warn claim. We have already held that the CDA does not declare a general immunity from liability deriving from third-party content.

“Congress has not provided an all-purpose get-out-of-jail-free card for businesses that publish user content on the internet, though any claims might have a marginal chilling effect on internet publishing businesses. Moreover, the argument that our holding will have a chilling effect presupposes that Jane Doe has alleged a viable failure to warn claim under California law. That question is not before us and remains to be answered.”

Jane Doe No. 14’s case has attracted the attention of numerous Internet companies and organizations that sided with ModelMayhem.com. In an amicus brief, Facebook, Craigslist, Tumblr, the Computer and Communications Industry Association, The Internet Association and Care.com said that they have settled on interpretations granting broad immunity to online intermediaries for harms arising from third-party content.

Industry attorney Larry Walters of Walters Law Group, who is not Involved in the suit, told XBIZ that ultimately the issues in the case decided today could be headed to the U.S. Supreme Court.

“The 9th Circuit seems to struggle with its understanding of the broad immunity afforded by Section 230, as evidenced by this case and some previous decisions," Walters said.

"Unfortunately, the tremendous burden created by the warnings contemplated by the court’s ruling could destroy many online service providers’ businesses, given the vast resources and manpower that would need to be devoted to discharging this newly crafted legal duty.

 "The case is not over yet, but the Section 230 issue has been addressed."

View today's ruling

Related:  

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

Mick Blue Tops TT5 Podium at NASA Championships

Mick Blue took first place this past weekend in the national Time Trial 5 (TT5) race at the 2026 NASA Championships at Sebring International Raceway.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Alison Rey Makes Long-Awaited Studio Anal Debut

Alison Rey has performed her first anal alongside Small Hands in the latest release from Adult Time, directed by Casey Calvert.

Rachael Cavalli Leads Latest From Bellesa Plus

Rachael Cavalli stars alongside August Skye and multi-XMAs winner Vince Karter in the latest release from Bellesa Plus, titled “Double-Booked.”

Elegant Angel Releases All-Star Orgy From '2026 Performers of the Year'

Elegant Angel has released an all-star orgy from the 2026 edition of its annual series "Performers of the Year."

Anissa Kate Reflects on 15 Years in the Spotlight and a New Life in L.A.

Anissa Kate has made some unique memories over the course of her 15-year career in the adult industry. She fondly remembers shooting under the starry skies of the Nevada desert, and spending the night in the middle of nowhere because the shoot was scheduled to resume early in the morning to catch the sunrise.

McKenzie Mae Headlines 1st Volume of Dorian Del Isla's 'Anal Teachings'

McKenzie May toplines the first volume of director Dorian Del Isla's latest title, "Anal Teachings," from Evil Angel.

Leilani Li Stars in Latest From TransAngels

Leilani Li stars with Cali Sweets in the latest release from TransAngels, titled "Sorry I Fucked Your Sister."

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Sarah Arabic Stars in Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."Directed by multi-XMAs winner Bree Mills, Arabic and Avalon play a struggling couple trying to repair their relationship.

Show More