United States First Circuit

In a suit against the operator of an Internet message board for claims relating to comments posted by users, dismissal is affirmed where: 1) Section 230 of the Communications Decency Act grants broad immunity to entities that facilitate the speech of others on the Internet; 2) defendant was a provider of an interactive computer service; 3) message board postings do not cease to be "information provided by another information content provider" merely because the "construct and operation" of the web site might have some influence on the content of the postings; 4) immunity extends beyond publisher liability in defamation law to cover any claim that would treat Lycos "as the publisher;" and 5) using a company's trade name to label a message board on which the company is discussed is not a use covered by the Florida anti-dilution statute. Dismissal of claims against the message posters for securities fraud is also affirmed where the complaint did not state the circumstances constituting fraud with particularity.

Appellate Information

• Decided 02/23/2007
• Published 02/23/2007

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John H. Faro, with whom Faro & Associates was on brief, for appellants.


• For Appellees:
  
• Daniel J. Cloherty, with whom David A. Bunis, Rachel Zoob-Hill, and Dwyer & Collora, LLP were on brief, for appellee Lycos, Inc., Thomas G. Rohback, with whom James J. Reardon, Jr. and LeBoeuf, Lamb, Greene & MacRae LLP were on brief, for appellee Terra Networks, S.A.