‘Orwellian Nightmare’: Divided 5th Circuit Denies Review of Section 230 Immunity for Social Media

Seven judges on the U.S. Court of Appeals for the Fifth Circuit joined a dissent to a Monday ruling that denied an en banc rehearing to reconsider the broad immunity provided to social media companies under Section 230 of the federal Communications Decency Act.

Judges Jerry Smith, Jennifer Elrod, Don Willett, Kyle Duncan, Kurt Engelhardt, Andrew Oldham, and Cory Wilson voted to have the full court rehear a case brought by a 15-year-old who was sexually abused by his high school teacher and sued Snapchat, the disappearing photo-messaging app the teacher used to send the teenager explicit material.

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