In analyzing the first theory of direct conflict, the court found that AOL could "comply with the CDA even if it is subjected to state liability for negligent distribution of defamatory material," and thus found that the federal law did not preempt the state laws [REF].
Zeran's final claim was that even if the state laws are preempted by the CDA, it should not provide immunity to AOL in this case because the messages were posted on the AOL bulletin board before the CDA's enactment.