Riddle v. X Corp
Issue
Whether X Corp's simultaneous invocation of §230(c)(1) publisher immunity ("we are not the speaker") and First Amendment editorial-discretion protection ("our content moderation decisions are protected speech") for identical conduct are mutually exclusive theories that, taken together, defeat both defenses—and whether the district court further erred by dismissing a direct copyright infringement claim with prejudice while leaving intact a contributory copyright infringement claim dependent on it.
What Happened
Pro se appellant Justin Riddle appeals a Western District of Texas dismissal with prejudice entered October 27, 2025 by Judge Alan D. Albright, asserting claims arising from X Corp's alleged 800-day failure to remove an impersonating account using Riddle's federally registered copyrighted photograph (VAu 1-519-728), approximately $1,060 in alleged advertising fraud, and systematic destruction of employee-account evidence. Riddle argues the district court created a logical impossibility by finding contributory copyright infringement plausibly alleged on July 11, 2025 while simultaneously dismissing the predicate direct infringement claim with prejudice. He further argues the district court erred by declaring two spoliation motions—filed six and ten days before the October 27 ruling—"moot" on the ground that evidence destruction was already complete, a rationale Riddle contends would render Fed. R. Civ. P. 37(e) unenforceable in every case. Riddle also contends that X Corp's sworn Answer containing 47 denials of knowledge about its own operations, filed after its Motion to Dismiss demonstrated comprehensive operational knowledge of those same systems, violates Rule 11 and constitutes judicial estoppel, and that the district court violated the ADA by ignoring his documented ADHD accommodation request and then citing his responsive conduct as "tone" justifying dismissal.
Why It Matters
If the Fifth Circuit addresses the merits, its ruling on whether §230(c)(1) immunity and First Amendment editorial-discretion protection can be invoked simultaneously for identical content-moderation conduct would create binding circuit precedent directly relevant to platform liability frameworks left open after *Moody v. NetChoice*, 603 U.S. 707 (2024); the court's treatment of the spoliation-mootness question could likewise determine whether Rule 37(e) has any practical force against defendants who complete evidence destruction before a ruling issues.
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