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Defamation/CDA
By Martin H. Samson
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Aquino v. Electriciti Inc., 26 Med. L. Rptr. 1032
(Cal. Superior Crt., San Francisco City and County, Sept. 23, 1997)
In this case, the Court, following Zeran v. America Online, Inc., 958 F.
Supp. 1124 held that the Communications Decency Act preempts state law
claims against defendant ISP for negligence, breach of contract, intentional
infliction of emotional distress, alter ego liability, injunctive relief and
violation of civil rights arising from IPS's distribution of material
written by another that contained derogatory comments about plaintiffs,
including that they were the "ring leaders" of an "international conspiracy"
to further "Satanic Ritual Abuse" of children. Said the court:
Plaintiffs' causes of action are preempted by Section 230 of the
Communication Decency Act of 1996 and Zeran v. America Online, Inc., 958 F.
Supp. 1124.
© Copyright 1997-2000 Martin H. Samson All rights Reserved.
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