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 © 2024 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

Vendo Launches 'Pay by Bank' Service

Vendo has launched its new Pay by Bank checkout system.

CrakRevenue Taps Maxime Bergeron as New CEO

CrakRevenue has appointed longtime staffer Maxime Bergeron as the company's new CEO.

Clips4Sale Adds 'Spatial Video' Category

Clips4Sale (C4S) has debuted a “spatial video” category for the next generation of VR and AR devices.

Lemon Social Launches Educational Program, 'Metaverse' Feature

Premium fan platform Lemon Social has debuted an "Adult Content University" program and a "Lemon Social Metaverse" feature.

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned eSafety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston as New Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Rolls Out 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS and CDN prepay plans throughout the month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

Show More