In the Third Circuit's first CDA § 230 case, the plaintiff sued AOL after two other AOL users sent him defamatory messages and a virus-like "punter" program through an AOL chat room. But the court ruled that the program fell within the definition of "information" provided by a third party under CDA § 230, and that AOL had not waived its § 230 immunity through its Membership Agreement (which stipulated that AOL did not assume responsibility for third-party content).
The court also rejected the plaintiff’s claims that CDA § 230 violated the First Amendment and exceeded Congress’s power under the Commerce Clause.
Green thus attempts to hold AOL liable for "decisions relating to the monitoring, screening, and deletion of content from its network - actions quintessentially related to a publisher's role." Section 230 "specifically proscribes liability" in such circumstances (citing Zeran at 332-333).