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Hepp v. Facebook, Inc., et al. (incl. Reddit, Inc.)
U.S. Court of Appeals for the Third Circuit (on appeal from E.D. Pa.)
- Court
- U.S. Court of Appeals for the Third Circuit (on appeal from E.D. Pa.)
- Docket
- 3d Cir. No. 20-2725 (14 F.4th 204); E.D. Pa. No. 2:19-cv-04034
- Parties
- Karen Hepp v. Facebook, Inc.; Reddit, Inc.; Imgur, Inc.; Giphy, Inc.; WGCZ, S.R.O.
- Claim type
- section230
- Filed
- 2019-09-03
- Outcome
- Reddit, Inc. (and Imgur) were dismissed for lack of personal jurisdiction in Pennsylvania. As to Facebook, the Third Circuit (2-1, Sept. 23, 2021) reversed the Section 230 dismissal, holding that Section 230(e)(2)'s intellectual-property exception encompasses state-law right-of-publicity claims — the first circuit to so hold.
Summary
Philadelphia newscaster Karen Hepp sued Facebook, Reddit, Imgur and others under Pennsylvania's right-of-publicity laws after a security-camera photo of her was posted on their platforms without consent; on Reddit the image circulated in a thread linked to an Imgur post. The district court dismissed all defendants on Section 230 grounds, but the Third Circuit reversed as to Facebook, becoming the first circuit to hold that Section 230's intellectual-property exception reaches state right-of-publicity laws. Reddit and Imgur were separately dismissed for lack of personal jurisdiction and were not part of the Section 230 holding.
Sources
- 01
- 02Justia — Hepp v. Facebook, No. 20-2725 (3d Cir. 2021) opinionCourt / Legal2021
- 03