BARRETT v. ROSENTHAL

No. S122953.

51 Cal.Rptr.3d 55 (2006)

40 Cal.4th 33

146 P.3d 510

Stephen J. BARRETT et al., Plaintiffs and Appellants, v. Ilena ROSENTHAL, Defendant and Respondent.

Supreme Court of California.

November 20, 2006.


Attorney(s) appearing for the Case

Law Offices of Christopher E. Grell, Christopher E. Grell, Richard R. Rescho, Oakland, and Ian P. Dillon, San Francisco, for Plaintiffs and Appellants.

Mark Goldowitz, Berkeley, Jesper Rasmussen, Oakland; Piper Rudnick, Roger Myers, Lisa Sitkin, Emeryville, and Katherine Keating, San Francisco, for Defendant and Respondent.

Lee Tien, San Francisco, and Kurt Opsahl for Electronic Frontier Foundation as Amicus Curiae on behalf of Defendant and Respondent.

Ann Brick, San Francisco, for American Civil Liberties Union Foundation of Northern California as Amicus Curiae on behalf of Defendant and Respondent.

Cooley Godward, Michael G. Rhodes, San Diego, Lori R.E. Ploeger, Palo Alto, and Laura C. Pirri, Redwood Shores, for eBay Inc. as Amicus Curiae on behalf of Defendant and Respondent.

Wilmer Cutler Pickering Hale and Dorr, Patrick J. Carome, Samir Jain, Washington, DC, and C. Colin Rushing for Amazon.com, Inc., America Online, Inc., eBay Inc., Google Inc., Microsoft Corporation, Yahoo! Inc., ABC, Inc., Ask Jeeves, Inc., Cable News Network LP, LLLP, Compuserve Interactive Services, Inc., Earthlink, Inc., ESPN, Inc., Netscape Communications Corporation, SBC Internet Services, Time Warner Cable Inc., The Washington Post Company, Association for Competitive Technology, California Newspaper Publishers Association, Information Technology Association of America, Internet Alliance, Internet Commerce Coalition, National Cable & Telecommunications Association, Netchoice, Netcoalition Newspaper Association of America, Online News Association, Online Publishers Association, TechNet and United States Internet Service Provider Association as Amici Curiae on behalf of Defendant and Respondent.

Deidre K. Mulligan for Law Professors with Expertise in Internet Law as Amicus Curiae on behalf of Defendant and Respondent.


CORRIGAN, J.

In the Communications Decency Act of 1996, Congress declared: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." (47 U.S.C. § 230(c)(1).)1 "No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent...

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