Carly Lemmon v. Snap, Inc.
995 F.3d 1025 (9th Cir. 2021) (2021)
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Rule of Law:
Section 230(c)(1) of the Communications Decency Act (CDA) does not immunize an interactive computer service provider from a negligent design claim that targets the provider's own product architecture, as such a claim treats the provider as a manufacturer, not as a publisher or speaker of third-party content.
Facts:
- Snap, Inc. ('Snap') designed the Snapchat application, which included a 'Speed Filter' to record a user's real-life speed and a reward system that users believed would grant achievements for recording high speeds.
- Snap was allegedly aware that its Speed Filter and reward system were incentivizing young drivers to drive at dangerously high speeds, based on news articles, online petitions, and prior accidents.
- On May 28, 2017, Jason Davis, Hunter Morby, and Landen Brown were in a car that began speeding, reaching up to 123 miles per hour.
- Shortly before a fatal crash, Landen Brown opened Snapchat and used the Speed Filter to document the car's high speed.
- The car eventually ran off the road at approximately 113 miles per hour and crashed into a tree, killing all three occupants.
Procedural Posture:
- Carly Lemmon and the other parents ('the Parents') sued Snap, Inc. in the U.S. District Court for the Central District of California, alleging negligent design.
- Snap filed a motion to dismiss the initial complaint, arguing for immunity under the Communications Decency Act (CDA) and failure to state a claim.
- The district court (trial court) granted the motion to dismiss but gave the Parents leave to file an amended complaint.
- The Parents filed an amended complaint, which Snap again moved to dismiss on the same grounds.
- The district court granted the second motion to dismiss, this time solely on the basis that the CDA immunized Snap from the lawsuit, and entered a final judgment.
- The Parents, as appellants, appealed the district court's dismissal to the U.S. Court of Appeals for the Ninth Circuit.
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Issue:
Does Section 230(c)(1) of the Communications Decency Act (CDA) immunize an interactive computer service provider from a negligent design claim that rests on the provider's own product features rather than on third-party content?
Opinions:
Majority - Judge Wardlaw
No, Section 230(c)(1) of the CDA does not immunize Snap from the negligent design claim. The court applied the three-prong test from Barnes v. Yahoo!, Inc. and found that while Snap is an interactive computer service provider, the Parents' claim fails the second and third prongs. The claim does not treat Snap as a 'publisher or speaker' because it targets Snap's role as a product designer; the duty allegedly violated is the manufacturer's duty to design a reasonably safe product, which is independent of its role in publishing user content. Furthermore, the claim does not rely on 'information provided by another information content provider' because the legal fault rests on Snap's own creation of the Speed Filter and reward system, not on the content of any specific user's 'snap.' The lawsuit is based on the predictable consequences of the app's design, which allegedly encouraged dangerous behavior.
Analysis:
This decision significantly clarifies the limits of CDA § 230 immunity, establishing that it does not shield online platforms from traditional products liability torts like negligent design. By distinguishing a platform's role as a product 'manufacturer' from its role as a 'publisher' of third-party content, the ruling opens a new avenue for holding tech companies accountable for foreseeable harms caused by the inherent design and architecture of their products. This precedent suggests that platforms can face liability for design choices that encourage dangerous user behavior, regardless of the content users ultimately generate, potentially impacting how social media features are designed and deployed in the future.
