HomeAway.Com, Inc. v. City of Santa Monica

Santa Monica, Calif. passes law allowing “home-sharing” (rentals where residents remain on site with guests) but forbidding the sort of short-term rentals pioneered by Airbnb and HomeAway.com. Airbnb and Homeaway.com: The city is requiring us to monitor and remove third-party content from our platforms, hence violating the Communications Decency Act and the First Amendment. District court: Dismissed. Ninth Circuit: Just so. The city is merely restricting the companies’ internal booking transactions, which falls outside the CDA. No dice on the First Amendment claim for similar reasons.

Tags: 2019, Communications Decency Act, First Amendment, Ninth Circuit

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