Yahoo! Inc v LICRA
Rule established
A foreign court's order directing a US company to block access to content violating local law raises jurisdictional conflict; the country where harm occurs can assert jurisdiction over internet content (French court).
Facts
- Yahoo's US auction site hosted listings for Nazi memorabilia and Mein Kampf
- Under French Penal Code R.645-1, displaying Nazi objects is criminal
- LICRA and UEJF sued Yahoo in Paris, obtaining an order requiring Yahoo to block French users within 90 days or face €100,000/day fines
- Yahoo argued it could only geolocate ~70% of French users
- Yahoo filed a declaratory action in the Northern District of California
Issues
- Whether a foreign court order restricting internet speech is enforceable in the US
- Whether the First Amendment bars enforcement of foreign judgments that restrict constitutionally protected expression
Held
- The First Amendment protects Yahoo's right to host legal auctions
- US courts will not enforce foreign judgments conflicting with the First Amendment
- The French order is unenforceable in the US
- The case exposed the fundamental jurisdictional tension in cross-border internet governance
Ratio Decidendi
The First Amendment operates as a constitutional bar against enforcing foreign speech restrictions through US courts. Each state may regulate within its territory but cannot compel compliance from foreign platforms via the platform's home courts. Globally accessible content creates irreconcilable conflicts of laws between speech-protective and speech-restrictive jurisdictions.
How to use it in an exam
- Foundational case on internet jurisdiction conflicts and cross-border content regulation
- Pair with Dow Jones v Gutnick (2002) for the contrasting approach
- Relevant for IT Law questions on territorial sovereignty, internet blocking, and S.69A IT Act
- Use in essays on internet balkanization and conflict of laws in cyberspace
Source
Source: 169 F. Supp. 2d 1181 (N.D. Cal. 2001)
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.