Communications Decency Act Protects Website Operators From Liability Despite Blogger Content Policy

In affirming the grant of Google's Motion to Dismiss for failing to remove a blog post, on February 23, 2018, the D.C. Circuit Court concluded that the Communications Decency Act (CDA) immunizes website operators from liability for publication of third-party content even when they have content guidelines.

Background
In Bennett v. Google LLC, Case No. 17-cv-7106 (D.C. Cir. Feb. 23, 2018), the D.C. Circuit Court was presented with an appeal of a dismissal of Google, which was sued for failing to remove a blog post that was alleged to be defamatory to Dawn Bennett, owner of DJ Bennett Holdings, LLC (together, the Plaintiffs), a high-end sports apparel retailer.

In March 2013, the Plaintiffs hired a search engine optimization (SEO) and search engine marketing (SEM) company to provide services to help increase its sales. After a few months, the relationship soured and the Plaintiffs and the SEO company renegotiated their contract. An issue arose regarding payment, which