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Hepp v. Facebook

14 F.4th 204 (2021)

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Hepp v. Facebook

United States Court of Appeals for the Third Circuit
14 F.4th 204 (2021)

Facts

Karen Hepp (plaintiff) was the host of a television news program. Hepp spent money and years of effort developing a positive public image, and her endorsement of a product or service had commercial value. Someone took an unauthorized photo of Hepp while she was in a convenience store. The photo appeared in advertisements on a website operated by Facebook (defendant) and in other internet locations, including advertisements for an online dating application, erectile-dysfunction treatments, and pornography. Hepp sued Facebook and other website operators (collectively, site operators) (defendants) in federal district court, alleging that they had violated her right to publicity under Pennsylvania state law by publishing the unauthorized photo in the advertisements. The site operators moved to dismiss the lawsuit on grounds that they were immune from the right-to-publicity claims under § 230(c) of the Communications Decency Act of 1996 (CDA). The district court granted the motion to dismiss. Hepp appealed to the United States Court of Appeals for the Third Circuit.

Rule of Law

Issue

Holding and Reasoning (Hardiman, J.)

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