Meta Platforms, Inc. v. Office of the Attorney General, Department of Legal Affairs
Meta sought certiorari review of the denial of its motion to dismiss the Attorney General's FDUTPA complaint, claiming immunity under section 230 of the Communications Decency Act and First Amendment protection. The Second District held as a matter of first impression that section 230 confers only a limited immunity from liability — not absolute immunity from suit — so being forced to litigate is not irreparable harm, and dismissed the petition for lack of certiorari jurisdiction. It also rejected the First Amendment basis, noting the order altered nothing about Meta's speech.
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Key facts
- Meta Platforms, Inc. sought certiorari review after a trial court denied its motion to dismiss a Florida Attorney General FDUTPA complaint against the social media platform.
- Meta claimed immunity under section 230 of the Communications Decency Act and raised First Amendment defenses to challenge the denial of its motion to dismiss.
- +2 more key facts with a free trial
Why it matters
This is the first Florida appellate decision squarely holding that CDA section 230 is a liability defense, not an immunity from suit, and it expressly rejects the Third District's contrary statement in Giordano… — full analysis with a trial
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