SNAP, INC. v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE
Issue
Whether Section 230 of the Communications Decency Act bars the State of Nevada's claims under the Nevada Deceptive Trade Practices Act (NDTPA), and whether the First Amendment precludes the State's negligence claim against Snapchat.
What Happened
The Nevada Supreme Court ruled on the State's claims against Snap, Inc., concluding that the First Amendment does not preclude the State's negligence claim against the platform. However, the court determined that Section 230 of the CDA does preclude the State's claims under the Nevada Deceptive Trade Practices Act (NDTPA), and indicated that even if the State were to replead those claims, Section 230 immunity would still apply. The court appears to have drawn a distinction between product liability/negligence theories (which survived First Amendment challenge) and consumer protection claims (which were barred by Section 230).
Why It Matters
This decision represents a significant development in the intersection of Section 230 immunity, First Amendment protection, and state enforcement actions against social media platforms. The court's conclusion that negligence claims can proceed despite First Amendment concerns, while consumer protection claims remain Section 230-barred, suggests courts may be creating new pathways for platform liability through traditional tort theories that avoid Section 230's broad publisher immunity shield—particularly relevant given the Garcia v. Character.AI framework for product liability claims against technology platforms.
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