US District Court Judge Daniel Calabretta, while acknowledging the lawsuit as a “close case,” ruled that the RNC had failed to make a plausible case against Google. Google argued that user complaints and issues with RNC domain authentication and frequent mailouts could have contributed to the emails being marked as spam.
Furthermore, the court determined that RNC emails could be considered “objectionable” under the CAN-SPAM Act, and therefore, Google’s decision to categorize them as such was protected by Section 230. This section of the law provides online platforms with immunity from civil liability based on third-party content. Despite the dismissal, the judge left open the possibility for the RNC to amend its lawsuit in order to better establish Google’s lack of good faith.
