Original Tweets Only: Retweeters Not Liable for Defamation

Friday, December 16, 2022

Josephine Bahn authored the article “Original Tweets Only: Retweeters Not Liable for Defamation” for the American Bar Associate Litigation Section’s website. This article discusses the court’s approach in Banaian V. Bascom to handling the definition of a “user” under the Communications Decency Act (CDA) and the ABA Litigation Section leaders’ suggestion of an overhaul of the CDA to avoid an antithetical judicial interpretation.

Aaron Krauss, a member of the Litigation Section’s Book Publishing Board, was quoted in this article discussing the court’s interpretation of the CDA. “If the individuals had orally repeated what they had read on the internet, they would be subject to a defamation suit. Why should they be protected if they typed (or tweeted) rather than spoke?” asks Aaron.

To read the full article, click here

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