On Matchmaker’s Internet dating service, an unknown person using a computer in Berlin posted a false personal profile of Christianne Carafano. The posting was without the knowledge, consent, or permission of Carafano, who is a popular actress who acts under the stage name of Chase Masterson. The false profile contained several pictures of her. In response to the Matchmaker questionnaire, the profile stated that Carafano was looking for a one-night stand as well as a hard and dominant man with a strong sexual appetite. The profile included Carafano’s home address, e-mail address, and her telephone number. Unaware of the improper posting, Carafano soon began to receive sexually explicit messages responding to the profile as well as a threatening fax. Ultimately, Carafano sued Matchmaker for invasion of privacy. Matchmaker moved to dismiss the lawsuit on the grounds that it was immune from liability because it is an Internet service provider. The court agreed with Matchmaker. It cited the Communications Decency Act, which grants most Internet services immunity from liability for publishing false or defamatory material so long as the information was provided by another party. The court admitted that its conclusion results in “serious and utterly deplorable consequences.” However, it felt constrained by the statutory language. Which school of legal jurisprudence does this court appear to be following? Explain.

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General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence or schools of thought regarding how those questions are be... View the full answer