Newspaper Not Liable for Moderated Online Reader Comments–Gains v. Romkey (Catch-Up Post)

11 02 2013

By Eric Goldman

Gains v. Romkey, 2012 IL App (3d) 110594-U (Ill. App. Ct. July 3, 2012)

This is yet another case holding that 47 USC 230 immunizes newspapers from reader comments to their online stories, in this case even though the newspapers moderated the reader comments. This is an unsurprising finding; as I’ve documented before, to date (as far as I know), newspapers have always won cases over online reader posts. Still, this ruling is in Illinois state courts, where the hideous Lansing v. Southwest Airlines ruling butchered 47 USC 230 just one month before this opinion. So, it’s nice to see a sensible Section 230 ruling from an Illinois state court after the Lansing train wreck.


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