Wikimedia Foundation's demurrer (motion to dismiss)
Filed by Wikimedia Foundation, Inc.Hearing set Oct 29, 2026
The Foundation's demurrer makes three principal arguments: (1) that Section 230 of the Communications Decency Act bars every claim, however styled, that “seeks to hold Wikimedia liable as the speaker or publisher of user-generated content”; (2) that the donor-facing language on Wikipedia's fundraising page about creating accurate pages and undoing vandalism is “aspirational” rather than a promise; and (3) that the word “trustworthy” itself is, as a matter of law, “inherently subjective and unquantifiable” puffery on which no reasonable person would rely.
Trustworthy, moreover, is inherently subjective and unquantifiable. Court after court has rejected as ‘puffery’ claims based on that word.
The demurrer compares Wikipedia's donor-page language to the New York Times's slogan “All the News That's Fit to Print” — “a phrase no reasonable reader would view as anything more than aspirational.”
Public docket