Someone optimized for the word instead of the definition and the circuit just called it. Meta needed immunity from suit to avoid discovery and trial costs compounding into settlement pressure. The defense they actually have is immunity from liability, which means they still pay to defend every claim that survives the motion. When the procedural shield disappears, the incentive flips from dismiss to settle before the penalty scale catches up to the headline number.
Meta argued that the 9th Circuit itself 'has repeatedly held that Section 230 confers immunity from suit.' The judges' panel acknowledged that the court has 'used the phrase immunity somewhat loosely in our section 230 jurisprudence,' but said that word usage is not binding.



