Ben Ezra, Weinstein, and Company v. AOL

In March 1997, Ben Ezra, Weinstein, and Company ("BEW") sued America Online, Inc. ("AOL") for defamation and negligence in New Mexico state court after AOL allegedly published incorrect values for BEW's stock price and share volume. 

AOL removed the lawsuit from state to federal court and moved for summary judgment. In its motion, AOL argued that it was protected from liability by section 230 of the Communications Decency Act ("CDA 230") because it did not create the stock information itself, but rather hired third parties to produce it.  The court agreed with AOL and dismissed the case.

BEW appealed the case to the Tenth Circuit Court of Appeals.   On March 14, 2000, the appeals court affirmed the lower court's decision, finding that it correctly applied CDA 230.  BEW submitted a writ of certiorari to the U.S. Supreme Court, but its writ was denied on October 2, 2000.