J.S. v. Village Voice Media Holdings, LLC

359 P.3d 714, 184 Wash. 2d 95
CourtWashington Supreme Court
DecidedSeptember 3, 2015
DocketNo. 90510-0
StatusPublished
Cited by25 cases

This text of 359 P.3d 714 (J.S. v. Village Voice Media Holdings, LLC) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.S. v. Village Voice Media Holdings, LLC, 359 P.3d 714, 184 Wash. 2d 95 (Wash. 2015).

Opinions

González, J.

¶1 — The plaintiffs before us have been the repeated victims of horrific acts committed in the shadows of the law. They brought this suit in part to bring light to some of those shadows: to show how children are bought and sold for sexual services online on Backpage.com in advertisements that, they allege, the defendants help develop. Federal law shields website operators from state law liability for merely hosting content developed by users but does not protect those who develop the content. The plaintiffs allege that the defendants did more than just provide a forum for illegal content; the plaintiffs allege the defendants helped develop it. Taking the complaint as true, as we must at this point, we find that the plaintiffs have alleged sufficient facts that, if proved, would show that the defendants helped to produce the illegal content and therefore are subject to liability under state law. Accordingly, we affirm and remand to the trial court for further proceedings consistent with this opinion.

Facts

¶2 Advertisements featuring three minor girls, J.S., S.L., and L.C. (collectively J.S.), allegedly were posted on a website owned and maintained by Village Voice Media Holdings d/b/a Backpage.com, Backpage.com LLC, and New Times Media LLC d/b/a Backpage.com (collectively Back-page). J.S. allegedly was raped multiple times by adult customers who responded to the advertisements.

¶3 J.S. filed a complaint alleging state law claims for damages against Backpage and Baruti Hopson.1 J.S. asserted claims for negligence, outrage, sexual exploitation of children, ratification/vicarious liability, unjust enrichment, [99]*99invasion of privacy, sexual assault and battery, and civil conspiracy. Backpage moved to dismiss on the theory that it is immune from suit in relation to J.S.’s state law claims under the federal Communications Decency Act of 1996 (CDA), 47 U.S.C. § 230.2 J.S. countered by arguing that Backpage is not immune from suit in part because its advertisement posting rules were “designed to help pimps develop advertisements that can evade the unwanted attention of law enforcement, while still conveying the illegal message.” Clerk’s Papers (CP) at 201. The trial court denied the motion to dismiss, allowing J.S.’s case to proceed. Backpage moved for discretionary review. The Court of Appeals granted review and certified the case to this court for direct review. Order Certifying Case for Transfer, J.S. v. Vill. Voice Media Holdings, LLC, No. 44920-0-II (Wash. Ct. App. July 17, 2014).

¶4 J.S. allegedly was featured in Backpage advertisements posted in accordance with instructions on Backpage’s website without any special guidance from Backpage personnel. J.S. alleges that all of the advertisements featuring J.S. complied with Backpage’s content requirements.

¶5 Backpage does not allow advertisements on its website to contain naked images, images featuring transparent clothing, sexually explicit language, suggestions of an exchange of sex acts for money, or advertisements for illegal services. In addition to these rules, specifically for advertisements posted in the “ ‘escort’ ” section of its website, Backpage does not allow “any solicitation directly or in ‘coded’ fashion for any illegal service exchanging sexual favors for money or other valuable consideration,” “any material on the Site that exploits minors in any way,” or “any material. . . that in any way constitutes or assists in human trafficking.” CP at 9-10.

[100]*100Analysis

A. Standard of Review

¶6 “A trial court’s ruling to dismiss a claim under CR 12(b)(6) is reviewed de novo "Kinney v. Cook, 159 Wn.2d 837, 842, 154 P.3d 206 (2007) (citing Tenore v. AT&T Wireless Servs., 136 Wn.2d 322, 329-30, 962 P.2d 104 (1998)). At this stage, “we accept as true the allegations in a plaintiff’s complaint and any reasonable inferences therein.” Reid v. Pierce County, 136 Wn.2d 195, 201, 961 P.2d 333 (1998) (citing Chambers-Castanes v. King County, 100 Wn.2d 275, 278, 669 P.2d 451 (1983); Corrigal v. Ball & Dodd Funeral Home, Inc., 89 Wn.2d 959, 961, 577 P.2d 580 (1978)). “CR 12(b)(6) motions should be granted ‘sparingly and with care’ and ‘only in the unusual case in which plaintiff includes allegations that show on the face of the complaint that there is some insuperable bar to relief.’ ” Cutler v. Phillips Petrol. Co., 124 Wn.2d 749, 755, 881 P.2d 216 (1994) (quoting Hoffer v. State, 110 Wn.2d 415, 420, 755 P.2d 781 (1988)). “Dismissal under CR 12(b)(6) is appropriate only if ‘it appears beyond a reasonable doubt that no facts exist that would justify recovery.’ ” In re Parentage of C.M.F., 179 Wn.2d 411, 418, 314 P.3d 1109 (2013) (quoting Cutler, 124 Wn.2d at 755).

B. Federal Preemption

¶7 J.S. alleges that Backpage facilitated the violation of numerous Washington laws, including violations of Washington’s laws against trafficking, commercial sexual abuse, and prostitution.3

[101]*101¶8 Federal law, however, preempts state law when state law “would stand 'as an obstacle to the accomplishment of the full purposes and objectives of Congress’ in passing § 230 of the CDA.” Zeran v. Am. Online, Inc., 958 F. Supp. 1124, 1134 (E.D. Va.) (quoting English v. Gen. Elec. Co., 496 U.S. 72, 79, 110 S. Ct. 2270, 110 L. Ed. 2d 65 (1990)), aff’d, 129 F.3d 327 (4th Cir. 1997), cert. denied, 524 U.S. 937 (1998). Applicable here, the CDA provides that “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” 47 U.S.C. § 230(e)(3).

¶9 Under the CDA, an “information content provider”4 may be subject to state law liability in relation to content that it develops but an “interactive computer service”5 is immune from suit for state law claims in relation to merely hosting such content on a website. See Carafano v. Metrosplash.com, Inc., 339 F.3d 1119, 1123 (9th Cir. 2003).

¶10 Accordingly, the CDA controls whether Backpage is immune from J.S.’s state law claims. The scope of CDA immunity is a matter of first impression for this court.

C. J.S.’s Claims Are Sufficient To Withstand the Motion To Dismiss

¶11 This case turns on whether Backpage merely hosted the advertisements that featured J.S., in which case Backpage is protected by CDA immunity, or whether Backpage also helped develop the content of those adver[102]*102tisements, in which case Backpage is not protected by CDA immunity.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tatyana Mason, V John Mason And Laurie Robertson
497 P.3d 431 (Court of Appeals of Washington, 2021)
State Of Washington, V. Jeremy Fenney
Court of Appeals of Washington, 2021
Ditech Holding Corporation
S.D. New York, 2021
R.o. And K.m. v. Medalist Holdings Llc
Court of Appeals of Washington, 2021
State v. Andrew Smith
Supreme Court of Rhode Island, 2021
Kristanalea Dyroff v. the Ultimate Software Group
934 F.3d 1093 (Ninth Circuit, 2019)
David W. Newell v. Providence Health & Services
Court of Appeals of Washington, 2019
Yasmeen Daniel v. Armslist, LLC
2019 WI 47 (Wisconsin Supreme Court, 2019)
Daniel v. Armslist, LLC
2018 WI App 32 (Court of Appeals of Wisconsin, 2018)
State Of Washington v. Evergreen Freedom Foundation
Court of Appeals of Washington, 2017
United States v. Jackson
865 F.3d 946 (Seventh Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
359 P.3d 714, 184 Wash. 2d 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/js-v-village-voice-media-holdings-llc-wash-2015.