People of the State of California v. Meta Platforms, Inc.
Issue
Whether Section 230 bars the admission of evidence and testimony regarding Meta's content moderation policies, procedures, publishing activities, failure-to-warn omissions, and platform design features (including age verification and third-party filters) in the State of California's consumer protection action against Meta.
What Happened
Meta filed five motions in limine seeking to exclude evidence or argument at trial on multiple grounds, including Section 230 immunity. The motions target: (1) testimony from former employees about Meta's operations; (2) evidence of Meta's alleged failure to warn users of platform risks; (3) evidence of Meta's publishing activities or "barred features" offered to prove misrepresentation claims; (4) evidence second-guessing Meta's content moderation policies and procedures as barred by Section 230; and (5) evidence or argument that Meta's age verification features and cosmetic surgery or other third-party filters constitute unfair practices. The proposed order suggests the court is being asked to apply Section 230 as an evidentiary and liability shield across multiple theories of California's case at the trial stage.
Why It Matters
These motions present a significant and relatively rare trial-stage application of Section 230 as an evidentiary bar in a state attorney general enforcement action, directly testing the scope of Section 230 immunity against failure-to-warn, misrepresentation, and unfair business practices claims premised on Meta's publishing decisions and platform design — an important front in the ongoing litigation over whether Section 230 shields platform design choices and moderation policies from state consumer protection enforcement.
Related Filings
Other proceedings in the same litigation tracked by this monitor.
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