This Article analyzes the recent 9th Circuit decision in FHC v. Roommates.com, reversing and remanding to the district court after finding that § 203(c) of the Communications Decency Act does not provide immunity to housing websites under § 3604(c) of the Fair Housing Act (FHA). The Article argues that housing websites should be held to the same standard as other advertisers of residential real estate under the FHA, and that Roommates.com is a “content provider” and hence liable for violating the FHA by disseminating advertisements that demonstrate discriminatory preferences on the basis of race, age, religion, disability, etc. The Article places the 9th Circuit decision in the larger context of recent § 3604(c) cases, as well as recent § 203(c) cases, and carefully parses each of the three opinions in the case (Kozinski for the majority, Reinhardt, and Ikuta).
- fair housing; Communications Decency Act; discrimination
Available at: http://works.bepress.com/diane_klein/1/