2nd Circuit Finds for Vimeo in Video Deletion Suit

The 2nd U.S. Circuit Court of Appeals upheld a lower court's rejection of a lawsuit brought by a California pastor and his religious organization claiming discrimination by Vimeo when it deleted a series of the plaintiffs' videos promoting sexual orientation change efforts (SOCE). In a decision Thursday (docket 20-616) by Judges Rosemary Pooler, Richard Wesley and Susan Carney, penned by Pooler, the 2nd Circuit said the video hosting service deletion of the church's account fell squarely in good-faith content policing immunity of Communications Decency Act Section 230. Vimeo "is statutorily entitled to consider SOCE content objectionable and may restrict access to that content as it sees fit," the panel said. Outside counsel for the plaintiffs-appellants didn't comment. Santa Clara University Director-High Tech Law Institute professor Eric Goldman blogged the ruling was a win for internet services, but both Democrats and Republicans have proposed Section 230 amendments that would overturn the ruling. He said the court's reliance on Section 230(c)(2)(A) opens the door for a motion to dismiss.