O’Kroley v. Fastcase, Inc

O’Kroley googled himself and found “Texas Advance Sheet,” followed by “indecency with a child in Trial Court Cause N . . . Colin O’Kroley v Pringle.” O’Kroley was never involved in an indecency case; his case was listed immediately after such a case, on a service that summarizes judicial opinions. If users clicked the link they would see that the cases were unrelated. Claiming “severe mental anguish,” O’Kroley sued Google for $19,200,000,000,000, asserting “libel,” “invasion of privacy,” “failure to provide due process,” “cruel and unusual punishment,” “cyber-bullying,” and “psychological torture.” The court dismissed, citing the Communications Decency Act, which insulates interactive computer services from certain lawsuits, 47 U.S.C. 230. The Sixth Circuit affirmed. Google is an interactive computer service, providing “access by multiple users to a computer server,” not the publisher or speaker of the allegedly defamatory content. A separate “entity [was] responsible . . . for the [content’s] creation.” Google cannot be held liable for merely providing access to, and reproducing, the allegedly defamatory text. “ Google performed some automated editorial acts on the content, such as removing spaces and altering font, and kept the search result up even after O’Kroley complained; these acts come within “a publisher’s traditional editorial functions.” View "O'Kroley v. Fastcase, Inc" on Justia Law