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Barrett v. Rosenthal

40 Cal. 4th 33 (2006)

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Barrett v. Rosenthal

California Supreme Court
40 Cal. 4th 33 (2006)

Facts

Dr. Stephen J. Barrett and Dr. Terry Polevoy (collectively, Barrett) (plaintiffs) operated websites focused on exposing healthcare fraud. Ilena Rosenthal (defendant) directed the Humanities Foundation for Women and operated an online discussion group. Rosenthal received an email from Tim Bolen with an article he had written that asserted that Dr. Polevoy had stalked a radio producer. Rosenthal posted a copy of Bolen’s article on the websites of two health-oriented newsgroups. Barrett sued Rosenthal and Bolen, alleging that Rosenthal’s online republication of Bolen’s article constituted defamation. Rosenthal moved to strike Barrett’s cause of action on the ground that § 230 of the Communications Decency Act of 1996 (47 U.S.C. § 230) (CDA) immunized Rosenthal from any liability arising from her republication of Bolen’s article. The trial court agreed and granted Rosenthal’s motion to strike. Barrett appealed to the California Court of Appeal, which then vacated the trial court’s order, reasoning that the CDA granted immunity only to primary publishers and did not displace common-law defamation liability for distributors of defamatory statements. Rosenthal petitioned the California Supreme Court for review, which was granted.

Rule of Law

Issue

Holding and Reasoning (Corrigan, J.)

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