Inc. v. America Online Cyber Promotions Inc.

Plaintiff

Cyber Promotions, Inc.

Defendant

America Online, Inc.

Plaintiff's Claim

That the defendant's blocking of e-mail advertisements sent by the plaintiff to the defendant's customers violated the plaintiff's right to free speech under the First Amendment.

Chief Lawyer for Plaintiff

Ralph A. Jacobs

Chief Defense Lawyer

Ronald P. Schiller

Judge

Charles R. Weiner

Place

Philadelphia, Pennsylvania

Date of Decision

4 November 1996

Decision

That because the defendant was a private company, rather than a public actor, its blocking of the plaintiff's e-mail advertisements did not violate the First Amendment; the First Amendment only prevents public officials from restricting freedom of speech, not private actors.