Communications Decency Act Violation

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WI Supreme Court

Case Name: Yaseem Daniel, et al. v. Armlist, LLC, et al.

Case No.: 2019 WI 47

Focus: Communications Decency Act Violation

We review a decision of the court of appeals reversing the circuit court’s dismissal of Yasmeen Daniel’s complaint against Brian Mancini, Jonathan Gibbon, and Armslist, LLC (collectively “Armslist”). Daniel’s tort action arose from a mass shooting in a Brookfield, Wisconsin spa that killed four people, including Daniel’s mother Zina Daniel Haughton. Daniel alleged that the shooter, Radcliffe Haughton, illegally purchased the firearm after responding to private seller Devin Linn’s post on Armslist’s firearm advertising website, armslist.com. The court of appeals held that 47 U.S.C. § 230 (2018), the federal Communications Decency Act of 1996 (CDA), did not bar Daniel’s claims against Armslist for facilitating Radcliffe’s illegal purchase.

We disagree, and conclude that § 230(c)(1) requires us to dismiss Daniel’s complaint against Armslist. Section 230(c)(1) prohibits claims that treat Armslist, an interactive computer service provider, as the publisher or speaker of information posted by a third party on its website. Because all of Daniel’s claims for relief require Armslist to be treated as the publisher or speaker of information posted by third parties on armslist.com, her claims are barred by § 230(c)(1). Accordingly, we reverse the decision of the court of appeals, and affirm the circuit court’s dismissal of Daniel’s complaint.

Reversed

Concur:

Dissent: A.W. BRADLEY, J. dissents (opinion filed).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.