Daniel v. Armlist
Case Law- Country
- Country Location
Latitud: 39.778231903243785
Longitud: -100.8801256788983
- Country Location (vinculado Case Law)
- United States
- Decision Date
- 30 abr 2019
- Case Status
- Cerrado
- Case Outcome (Procedural)
- Motion Granted
- Case Outcome (Disposition)
- Judgment in Favor of Defendant
- Keywords
- Intermediary Liability
- Internet Service Providers
- Judicial Body
- Appellate Court
- Case Number
- 2017AP344
- Case Summary
The Supreme Court of Wisconsin held that a website hosting advertisements for firearm-related sales was not liable for its interactive-functions which facilitated the illegal purchase of firearms used in a mass shooting. The daughter of one of the victims had brought a number of claims against the website arguing that the ability to limit searches to advertisements from private sellers (who are not required to conduct background checks on purchasers in Wisconsin) made the website liable for the deaths caused by the shooting. The Circuit Court ruled that section 230(c)(1) of the Communications Decency Act, 1996 applied to bar the claims on the grounds that an interactive computer service provider cannot be held liable for the content of material posted by third parties. The Court of Appeals reversed that decision, but the Supreme Court held that the Act did apply and granted the website's application to dismiss the claims. The Court held that if a function of the website can be used for lawful purposes – such as the search function on this website – that website cannot be held liable for the consequences of its unlawful use.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression