FAIR HOUSING COUN., SAN FERNANDO v. ROOMMATES.COM

Nos. 04-56916, 04-57173.

521 F.3d 1157 (2008)

FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY; The Fair Housing Council of San Diego, individually and on behalf of the General Public, Plaintiffs-Appellants, v. ROOMMATES.COM, LLC, Defendant-Appellee. Fair Housing Council of San Fernando Valley; The Fair Housing Council of San Diego, individually and on behalf of the General Public, Plaintiffs-Appellees, v. Roommate.Com, LLC, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2008.


Attorney(s) appearing for the Case

Michael Evans, Christopher Brancart, Brancart & Brancart, Pescadero, CA; Gary Rhoades, Rhoades & Al-Mansour, Los Angeles, CA, for the plaintiffs-appellants/cross-appellees.

Timothy L. Alger, Kent J. Bullard, Steven B. Stiglitz and Lesley E. Williams, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, for the defendant-appellee/cross-appellant.

Kelli L. Sager, Los Angeles, CA; Thomas R. Burke, San Francisco, CA; Bruce E.H. Johnson and Ambika K. Doran, Davis Wright Tremaine LLP, Seattle, WA, for News Organizations as amici curiae in support of the defendant-appellee.

Ann Brick, Margaret C. Crosby and Nicole A. Ozer, American Civil Liberties Union Foundation of Northern California, San Francisco, CA, for American Civil Liberties Union of Northern California as amicus curiae in support of neither party.

John P. Relman, Stephen M. Dane and D. Scott Chang, Relman & Dane PLLC, Washington, DC; Joseph D. Rich and Nicole Birch, Lawyers' Committee for Civil Rights Under Law, Washington, DC, for National Fair Housing Alliance and Lawyers' Committee for Civil Rights Under Law as amici curiae in support of the plaintiffs-appellants.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT, PAMELA ANN RYMER, BARRY G. SILVERMAN, M. MARGARET McKEOWN, W. FLETCHER, RAYMOND C. FISHER, RICHARD A. PAEZ, CARLOS T. BEA, MILAN D. SMITH, JR. and N. RANDY SMITH, Circuit Judges.


KOZINSKI, Chief Judge:

We plumb the depths of the immunity provided by section 230 of the Communications Decency Act of 1996 ("CDA").

Facts1

Defendant Roommate.com, LLC ("Roommate") operates a website designed to match people renting out spare rooms with people looking for a place to live.2 At the time of the district court's disposition, Roommate's website featured approximately 150...

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