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Facebook Asks Full 3rd Circ. To Review News Anchor's IP Suit – Law360


By Melissa Angell (October 22, 2021, 10:51 PM EDT) — Facebook asked the Third Circuit for an en banc rehearing in an intellectual property lawsuit launched by a Philadelphia-based TV journalist over the unauthorized use of her photo, arguing a split panel’s decision to revive the suit conflicts with Section 230 of the Communications Decency Act.

Last month, a split Third Circuit panel restarted Fox 29 co-anchor Karen Hepp’s lawsuit after determining that her Pennsylvania state-law claims are exempt from the broad immunity afforded to Big Tech under Section 230 of the Communications Decency Act. The majority turned to a New York federal court’s ruling in Atlantic Recording v. Project Playlist,…

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