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BATZEL v. SMITH

Nos. 01-56380, 01-56556.

333 F.3d 1018 (2003)

Ellen L. BATZEL, a citizen of the State of California, Plaintiff-Appellee, v. Robert SMITH, a citizen of the State of North Carolina; Netherlands Museums Association, an entity of unknown form; Mosler, Inc., a Delaware corporation with its principal place of business in Ohio, Defendants, and Ton Cremers, a citizen or subject of the Netherlands, Defendant-Appellant. Ellen L. Batzel, a citizen of the State of California, Plaintiff-Appellant, v. Robert Smith, a citizen of the State of North Carolina; Netherlands Museums Association, an entity of unknown form; Ton Cremers, a citizen or subject of the Netherlands; Mosler, Inc., a Delaware corporation with its principal place of business in Ohio, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2003.

Attorney(s) appearing for the Case

Stephen J. Newman, Latham & Watkins, and Robert P. Long, Kinkle, Rodiger & Spriggs, Los Angeles, CA, for the defendants-appellants/appellees.

Howard S. Fredman, Los Angeles, CA, for the plaintiff-appellee/appellant.

Paul Alan Levy, Public Citizen Litigation Group, Washington, DC, for the amicus curiae.

Before CANBY, GOULD, and BERZON, Circuit Judges.

Opinion by Judge BERZON. Opinion concurring in part and dissenting in part by Judge GOULD.

BERZON, Circuit Judge.

There is no reason inherent in the technological features of cyberspace why First Amendment and defamation law should apply differently in cyberspace than in the brick and mortar world. Congress, however, has chosen for policy reasons to immunize from liability for defamatory or obscene speech "providers and users of interactive computer services...

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