CMLP on Juicy Campus’s Demise

Citizen Media Law Project says farewell to, wistfully noting that the site’s passing means there will be no lawsuit to test the scope of Section 230.  As the CMLP post notes, the 9th Circuit’s decision in Fair Housing Council v provides an argument that JuicyCampus’s encouragement of defamatory postings mades it a co-developer or co-creator of actionable content.  We’ll never know.  Internet law students from a few semesters back will recall the thinly-disguised exam question posing this very issue.  Their consensus, by a narrow margin?  My hypothetical website would lose its immunity from liability, based on facts somewhat more pro-plaintiff than the real site.