Monsarrat v. Newman, No. 21-1146 (1st Cir. 2022)
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The First Circuit affirmed the judgment of the district court dismissing Plaintiff's defamation complaint, holding that the district court properly dismissed the complaint.
Plaintiff brought this action against Defendant, a moderator of of a neighborhood online forum who had copied the forum's discussion threats and reposted them to a new online platform. Plaintiff sued for defamation under Massachusetts law and copyright infringement. The district court granted Defendant's motion to dismiss for failure to state a claim. The First Circuit affirmed, holding that the district court properly ruled that Defendant established two affirmative defenses to Plaintiff's claims: (1) as to the defamation claim, immunity from liability under section 230 of the Communications Decency Act; and (2) as to the copyright claim, fair use.
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