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Section 230 Of The Communications Decency Act: Why California Courts Interpreted It Correctly And What That Says About How We Should Change It, E. Alex Murcia
Section 230 Of The Communications Decency Act: Why California Courts Interpreted It Correctly And What That Says About How We Should Change It, E. Alex Murcia
Loyola of Los Angeles Law Review
In 1996, Congress passed the Communications Decency Act (CDA). In 1997, the United States Supreme Court struck down most of the CDA. However, section 230, which protects providers and users of interactive computer services from liability for defamatory content posted to their platforms by third parties, remains in effect. In the California and federal judicial systems, courts interpret section 230’s immunity provisions broadly—so that the statute conveys broad immunity. This Note argues that the broad application of section 230’s protections is consistent with the intent of the statute’s drafters. However, it also contends that (1) this interpretation of section 230 …
Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner
Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner
Loyola of Los Angeles Law Review
In Hollingsworth v. Perry, the Supreme Court dismissed an appeal filed by the “Official Proponents” of California’s Proposition 8, which banned same-sex marriage in California. Chief Justice Roberts’ majority opinion held that initiative sponsors lack Article III standing to defend their ballot measures even when state officials refuse to defend against constitutional challenges. As a result, Hollingsworth provides state officers with the ability to overrule laws that were intended to bypass the government establishment—in effect, an “executive veto” of popularly-enacted initiatives.
The Article examines this new “executive veto” in depth. It places Hollingsworth in context, discussing the initiative process …