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Court: Web site liable for postings
GOPUSA ^ | May 17, 2007 | UPI Staff (United Press International)

Posted on 05/17/2007 9:03:16 AM PDT by Tolerance Sucks Rocks

SAN FRANCISCO (UPI) -- A court in San Francisco ruled that a roommate-matching Web site may be held accountable for what users say about their preferences.

A three-judge panel of the federal appeals court ruled in favor of two California fair housing groups that brought the complaint against Roommate.com, saying the Web site violates the Fair Housing Act by allowing users to specify roommate preferences based on sex, race, religion and sexual orientation, The New York Times reported Wednesday.

The ruling took away the main argument of the defense: that a 1996 ruling granting immunity to Internet service providers that transmit unlawful material supplied by others extended to the case. The judges ruled that the law was not applicable because Roommates.com created the menus that invite the unlawful information.

Eric Goldman, a law professor at Santa Clara University, said the decision represented an important shift.

"To date," he said, "The law has been almost uniform that a Web site isn't liable for what its users say. The problem here is that the Web site offered up choices for users to structure their remarks. That creates a hole plaintiffs can exploit."

Copyright 2007 United Press International, Inc. All Rights Reserved


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; US: California
KEYWORDS: 9thcircuit; 9thcircus; ca; california; discrimination; fairhousingact; freedom; internetruling; isp; liberty; ninthcircuit; ninthcircus; preferences; race; religion; responsibility; roommatedotcom; roommates; sanfrancisco; sanfranciscovalues; sanfransicko; sanfransickovalues; sex; sexualorientation
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1 posted on 05/17/2007 9:03:18 AM PDT by Tolerance Sucks Rocks
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To: Tolerance Sucks Rocks

It won’t survive appeal.


2 posted on 05/17/2007 9:04:24 AM PDT by Jake The Goose
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To: Tolerance Sucks Rocks

They don’t even use the words “Ninth Circuit” anymore.


3 posted on 05/17/2007 9:04:40 AM PDT by AmishDude (It doesn't matter whom you vote for. It matters who takes office.)
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To: Tolerance Sucks Rocks

A dangerous ruling.


4 posted on 05/17/2007 9:05:49 AM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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Comment #5 Removed by Moderator

To: AmishDude

Are you sure it was the circuit court?


6 posted on 05/17/2007 9:06:44 AM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: Tolerance Sucks Rocks

So if you want a pretty girl for a roommate, you can’t complain if they give you a whip-wielding transvestite instead?

Or if three college girls want a fourth girl, they’re not allowed to say so?


7 posted on 05/17/2007 9:06:59 AM PDT by Cicero (Marcus Tullius)
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To: Tolerance Sucks Rocks

horse manure


8 posted on 05/17/2007 9:07:18 AM PDT by sageb1 (This is the Final Crusade. There are only 2 sides. Pick one.)
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To: Tolerance Sucks Rocks

Am I confused? I can advertise for a roommate, but I can’t specify that it needs to be a woman? Bet I can mention non-smoking! LOL


9 posted on 05/17/2007 9:08:06 AM PDT by trimom
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To: Tolerance Sucks Rocks
The “race” and “religion” parts will probably survive appeal.Not sure about the “sexual orientation” part.But the “sex” part will be thrown out for sure.
10 posted on 05/17/2007 9:08:29 AM PDT by Gay State Conservative ("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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To: Cicero
You can't advertise what you want. They just have to interview everyone and reject those you don't want for "unspecified personality differences".
11 posted on 05/17/2007 9:09:34 AM PDT by KarlInOhio (Parker v. DC: the best court decision of the year.)
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To: HEY4QDEMS

>>>Are you sure it was the circuit court?

Second Paragraph: “A three-judge panel of the federal appeals court...”

That’s the 9th Circus...


12 posted on 05/17/2007 9:09:47 AM PDT by Keith in Iowa (Then vs Now: Tokyo Rose - Baghdad Harry Reid)
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To: Cicero

Apparently, the Fair Housing Act implicity covers more than just landlords.


13 posted on 05/17/2007 9:09:53 AM PDT by Tolerance Sucks Rocks (G*d bless and heal Virginia Tech!)
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To: Tolerance Sucks Rocks; Cicero
implicity = implicitly d-oh!
14 posted on 05/17/2007 9:11:10 AM PDT by Tolerance Sucks Rocks (G*d bless and heal Virginia Tech!)
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To: Keith in Iowa

I just noticed that, thanks.


15 posted on 05/17/2007 9:12:10 AM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: HEY4QDEMS
9th Circus is THE Federal appeals court in SF:

Beautiful building. Crappy neighborhood. Lousy decisions.

16 posted on 05/17/2007 9:12:18 AM PDT by martin_fierro (< |:)~)
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To: HEY4QDEMS

Well, it does say “A three-judge panel of the federal appeals court.” I was under the impression that an appeals court IS a circuit court.


17 posted on 05/17/2007 9:12:26 AM PDT by Tolerance Sucks Rocks (G*d bless and heal Virginia Tech!)
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To: Tolerance Sucks Rocks

Liberals are so concerned with an individuals right to choose1


18 posted on 05/17/2007 9:13:15 AM PDT by Ender Wiggin
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To: trimom

Bet they won’t allow you to specify “smoking.”


19 posted on 05/17/2007 9:13:18 AM PDT by Tolerance Sucks Rocks (G*d bless and heal Virginia Tech!)
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To: Ender Wiggin

Only when it concerns abortions, sexual partners, or drugs.


20 posted on 05/17/2007 9:14:52 AM PDT by Tolerance Sucks Rocks (G*d bless and heal Virginia Tech!)
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