## Facts

- Matt Drudge, a California resident, authored and published an online political newsletter, the Drudge Report, hosted and distributed through a contractual arrangement with America Online, Inc. (AOL).
- On August 10, 1997, Drudge posted and emailed a report alleging that Sidney Blumenthal, a District of Columbia resident and White House official, had a history of spousal abuse and referenced purported “court records.”
- The report was transmitted from Los Angeles to subscribers and made available online to readers, including subscribers located in the District of Columbia.
- After receiving a demand from plaintiffs’ counsel, Drudge issued a retraction and later an apology.
- Sidney Blumenthal and Jacqueline Jordan Blumenthal sued Drudge and AOL in the District of Columbia for defamation, seeking damages.
- AOL moved for summary judgment asserting immunity under 47 U.S.C. § 230; Drudge moved to dismiss or transfer for lack of personal jurisdiction.

## Issues

1. Whether the District of Columbia court could exercise personal jurisdiction over Drudge based on his Internet publication, subscriber base, and related contacts with the forum.
2. Whether AOL, as the host and distributor of the Drudge Report, was immune from defamation liability under 47 U.S.C. § 230(c)(1) for content created by Drudge.

## Decision

- The court denied Drudge’s motion to dismiss or transfer, holding that personal jurisdiction in the District of Columbia was proper under the long-arm statute and consistent with due process.
- The court granted AOL summary judgment, holding that § 230 barred treating AOL as the publisher or speaker of information provided by Drudge and required dismissal of the defamation claim against AOL.
- The defamation claims against Drudge remained pending following the ruling.

## Legal Principles

- Personal jurisdiction may be exercised over an out-of-state Internet publisher when the defendant has purposeful, ongoing contacts with the forum and the alleged injury is suffered in the forum, consistent with the forum’s long-arm statute and due process.
- Under 47 U.S.C. § 230(c)(1), a provider of an “interactive computer service” may not be treated as the publisher or speaker of information provided by another “information content provider.”
- Section 230 immunity applies to claims that seek to impose defamation liability on a service provider for third-party content, even when the provider distributes, carries, or promotes that content, so long as the provider did not create or develop the challenged information.

## Conclusion

The court held that the District of Columbia could exercise personal jurisdiction over an online publisher whose report reached and allegedly injured District residents, and it applied CDA § 230 to immunize AOL from defamation liability for content created by Drudge.


Blumenthal v. Drudge, 992 F. Supp. 44 (D.D.C. 1998)