First Amendment /Jurisdiction – Appellate Court Dismisses Yahoo U.S. Suit Which Claimed French Court Decision Was Invalid in the U.S.

The joy that civil libertarians, Internet providers, and First Amendment advocates expressed after a U.S. District Court held that a French court assessment of fines against Yahoo was invalid in the U.S. will be short lived. This decision was recently overturned on appeal. However, the Court of Appeals reversed this decision on technical grounds – saying that the free speech, or First Amendment issue was not ready for a decision. Basically, the Court of Appeals said that the French court had not even attempted to enforce its decision in the U.S., and as a result, there was no need to determine whether that court’s decision was enforceable in the U.S. This decision is important simply because it illustrates the continued difficulty courts of all jurisdictions are having when faced with questions of whose laws apply to Internet disputes. It does, however, clarify jurisdictional issues, finding that a French entity can secure jurisdiction over a California company in U.S. courts. Decision