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ARTICLE · 28 JULY 2021

Second Circuit Vacates CDA Decision And Reissues A Narrower Opinion Reaching Same Conclusion, Providing Some Practical CDA Lessons For The Future

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Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act ("CDA") case and granting a petition for rehearing...

United StatesMedia, Telecoms, IT, Entertainment
Jeffrey Neuburger
Jeffrey Neuburger
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Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act ("CDA") case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming "protection" under Section 230 of the CDA for video-sharing site Vimeo, Inc. ("Vimeo") (Domen v. Vimeo, Inc., No. 20-616 (2d Cir. July 21, 2021) (amended opinion)).

It's not completely clear why the Second Circuit decided to grant a rehearing and amend its original opinion to only reach essentially the same holding. It is possible that given the attention surrounding the CDA, the court thought it best to narrow the language of its original holding so it could insulate its ruling from possible Supreme Court review (recall, Justice Thomas previously issued a statement following denial of certiorari in a prior CDA case, that "in an appropriate  case," the Court should consider whether the text of the CDA "aligns with the current state of immunity

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