A split panel of the U.S. Court of Appeals for the Third Circuit has reversed the dismissal of Fox 29 reporter Karen Hepp’s suit against Facebook in which she claimed social media companies misused her likeness.

In its 2-1 ruling, the circuit held that Section 230 of the Communications Decency Act does not prohibit a public figure’s state-law claims for violating their right of publicity because those claims are encompassed within the intellectual property carve-out.