Amicus Brief Supporting Petition for Rehearing in Hepp v. Facebook

On October 28, 2021, ARL signed on to an amicus brief in the case of Hepp v. Facebook with the Electronic Frontier Foundation (EFF). ARL’s interest in this case is to ensure that the internet remains open and free. The brief makes two key points related to technical and legal issues in the case: the exclusion of intellectual property claims from the Section 230 safe harbor applies only to federal copyright and patent law, and not state publicity rights; and construing Section 230 to permit publicity-right claims would restrict speech and lead to censorship. The case decision, made in the US Court of Appeals for the Third Circuit, sets up a “circuit split” with a prior Ninth Circuit decision, which means it could head to the US Supreme Court.

Amicus Brief: Hepp v. Facebook