AkivaMCohen

akivamcohen.bsky.social

06 January 2025 23:05

Funny thing is I think the Fifth actually got it right here. 230 does 2 things: it says you can't be treated as the publisher of user generated content and you have immunity for moderation. Neither has any application to the claims against Salesforce (they're not based on publishing or moderation)

And any response that essentially says "But look at all these other times they were wrong" misses the point entirely.

I agree the 5th is a mess. And the attack on Mike's position may well have been ill-informed and ungrounded, and I respect Mike's work in this area immensely. I still think the 5th got it right *this time*, because I don't see how anyone could say Salesforce is entitled to Section 230 immunity.

I don't think any of us question the notion that the 5th Circuit is often on the fringes and gets overturned even by this SCOTUS. That doesn't mean every decision of theirs is incorrect. And again, it did not hold Salesforce liable for anything. It simply denied it S230 immunity.

Snort my Mellowcreme Pumpkin

snrtmahtnt.bsky.social

05 January 2025 17:38

He just failed to employ the sarcasm font.