Big Tech's Immunity To Get Tough Look At 3rd Circuit

June 1, 2021Media Mention

Litigation partner Doug Mirell provided commentary to Law360 concerning a case pending before the Third Circuit Court of Appeals in which “Good Day Philadelphia” co-anchor Karen Hepp is suing social media platforms that posted various objectionable commercial advertisements in which Hepp’s image appeared without her authorization.  Mirell’s comments addressed the challenges Hepp will face in light of the Ninth Circuit’s prior interpretation of Section 230 of the Communications Decency Act.


It will be an uphill battle for Hepp in her quest to convince the Third Circuit to go the other way, entertainment attorney Douglas E. Mirell of Greenberg Glusker Fields Claman & Machtinger LLP predicts. He said that while circuit decisions certainly aren't binding or controlling on other jurisdictions, courts give a certain amount of deference to appellate jurisprudence.

"Unless and until you get an amendment to the law that protects against this exploitation, courts are going to be very reluctant to read the [CDA's] immunity in any way other than the broad manner it has up to now," he told Law360.

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