Judge tears apart Republican lawsuit alleging bias in Gmail spam filter

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A federal judge yesterday granted Google’s motion to dismiss a lawsuit filed by the Republican National Committee (RNC), which claims that Google intentionally used Gmail’s spam filter to suppress Republicans’ fundraising emails. An order dismissing the lawsuit was issued yesterday by US District Judge Daniel Calabretta.

The RNC is seeking “recovery for donations it allegedly lost as a result of its emails not being delivered to its supporters’ inboxes,” Calabretta noted. But Google correctly argued that the lawsuit claims are barred by Section 230 of the Communications Decency Act, the judge wrote. The RNC lawsuit was filed in October 2022 in US District Court for the Eastern District of California.

“While it is a close case, the Court concludes that… the RNC has not sufficiently pled that Google acted in bad faith in filtering the RNC’s messages into Gmail users’ spam folders, and that doing so was protected by Section 230. On the merits, the Court concludes that each of the RNC’s claims fail as a matter of law for the reasons described below,” he wrote.