Plaintiffs Urge Judge to Strip Reddit of Section 230 Protections Over UGC

Plaintiffs Urge Judge to Strip Reddit of Section 230 Protections Over UGC

PASADENA, Calif. — A proposed class of plaintiffs currently appealing a dismissed lawsuit against Reddit, alleging that the platform “knowingly benefits from lax enforcement of its content polices, including for child pornography," filed an opening appellate brief this week renewing their claim that Section 230 protections should not shield the social media platform.

The original lawsuit, which cited FOSTA-SESTA and was filed in April 2021 by attorneys for pseudonymous Jane and John Does, was originally dismissed last October.

At that time, U.S. District Judge James V. Selna found that Section 230 shielded Reddit from allegations of “profiting off of child pornography" over user-generated content, or UGC.

In late November, the lawsuit was revived through an appeal to the Ninth Circuit.

The 'Should Have Known' Doctrine

According to legal news site Law360, the lawyers representing the proposed class argued that Selna was wrong to dismiss the original lawsuit and that he misinterpreted Section 230.

"This case squarely fits under the plain language of Section 1595, a provision of the Trafficking Victims Protection Reauthorization Act," the lawyers argued. "Plaintiffs' amended complaint alleges in hundreds of detailed allegations that Reddit refuses to prevent, detect and remove known illegal content or ban repeat offenders who traffic in child pornography — all to Reddit's profit."

“For these reasons,” the opening brief added, “Reddit violated Section 1595 by 'knowingly benefit[ting]' from participation in a venture that it knew or 'should have known' was engaged in illegal trafficking.”

The April civil lawsuit was filed by class-action specialist attorneys Davida Brook, Krysta Kauble Pachman, Arun Subramanian and Steve Cohen, representing the firms Susman Godfrey LLP and Pollock Cohen LLP. Reddit had successfully invoked Section 230 to counteract the lawyers' claims that it should be liable for UGC uploaded by third parties — in this case, content that allegedly depicted the underage Jane Doe in sexual situations.

The proposed class action lawyers now argue that Selna “compounded [his] error in holding that a plaintiff must allege that the website had the criminal mens rea of actual knowledge of the trafficking, rather than constructive knowledge ['knew or should have known’].”

Legal observers have pointed out that lawyers seeking to find liability in platforms are increasingly appealing to this novel doctrine of “constructive knowledge,” as opposed to actual knowledge, with diverse results depending on the venue.

An Orchestrated Campaign of Lawsuits

As XBIZ reported in April 2021, after years of being targeted by religiously motivated anti-porn organization NCOSE for allowing UGC involving sex, Reddit became the latest defendant in an orchestrated campaign of civil lawsuits attempting to challenge Section 230 protections in the name of protecting victims of sex trafficking.

Like similar lawsuits filed against Facebook, Twitter, Pornhub and WGCZ under NCOSE’s sponsorship, the Reddit lawsuit refers to an illegal video shot and uploaded by a third party. In each case, the third party is not part of the lawsuit. Instead, the plaintiff looks for a settlement from a large online platform that supposedly “promoted and monetized” the content.

Shortly before the original lawsuit was filed, Reddit CEO Steve Huffman stated during an interview with newsmagazine Axios HBO that his platform is “perfectly supportive” of pornographic content, as long as it does not feature involuntary sexualization or sexualization of minors.

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

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Pineapple Support Names Ny Ny Lew as Brand Ambassador

Pineapple Support has named Ny Ny Lew as its newest brand ambassador.

Federal AV Proposal Passes House, Faces Senate Opposition

The U.S. House of Representatives on Monday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law, but the bill still faces tough going in the Senate.

Devin Drills Launches New Paysite

Creator Devin Drills has launched an official website through PAYSITE.

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Updates 'Restricted to Adults' Labeling Resource Page

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling resource page.

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Show More