Wednesday, September 1, 1999
Jane Doe v. America Online, Inc.
No. 94,355

Place of Origin
Palm Beach County
Facts
In 1994 Richard Russell filmed Jane Doe's 11-year-old son and two other boys performing sexual acts. Russell then tried selling copies of the photographs to others by advertising in "chat rooms" on AOL. This was contrary to AOL's rules for chat room use. Jane Doe sued AOL under Florida laws prohibiting child exploitation. She alleged that AOL knew its chat rooms were being used to distribute child pornography but did little to stop the practice. The trial judge dismissed the suit on grounds that AOL and other chat room providers were granted immunity from suits like this under the federal Communications Decency Act, effectively preempting Florida's child exploitation laws in this instance. On the appeal, the Fourth District affirmed, and Doe appeals.