Judge Karsznitz — who presided over a two-hour oral argument on the motion to dismiss — was guided by longstanding precedent holding that the First Amendment is implicated whenever a plaintiff takes aim at speech addressing matters of legitimate public concern, no matter how her claims are styled.
Trump’s complaints assert that the platforms were coerced into deplatforming Trump and others by Democratic lawmakers and other government officials, rendering the platforms’ decisions state action in violation of the First Amendment.
“Cursing Cheerleader” Decision Leaves Unanswered Questions About Public Schools’ Authority Over Students’ Digital Free Speech RightsMichael J. Grygiel
The Court affirmed that a student’s suspension from her high school’s cheerleading squad for vulgar Snapchat postings made outside of school on a weekend violated the First Amendment.
As the panel wrote, the defendants are not trying to hold Snap liable as a publisher under Section 230. Rather, Snap is liable for a negligently designed product as a manufacturer — a completely different role.
Journalists may face less risk for commonplace investigative computer reporting techniques thanks to a recent ruling from the U.S. Supreme Court.
This article reviews the background and evolution of Section 230, explains proposals to reform or eliminate it, and evaluates some First Amendment implications of those proposals.
A look at how caselaw has developed since the Knight Institute filed the 2017 complaint against president Trump, and what factors courts consider in challenges to social media blocking by public officials.
The EU is determined to evolve into a self-aware, digitally sovereign bloc that sets the rules by which global technology companies have to operate. However, it is still struggling to make sharp choices between conflicting objectives, such as between privacy and competition, or between consumer protection and the promotion of innovation.
The Oversight Board is like Damocles, working just beneath the double-edged sword of free expression on one side, and other human rights prerogatives on the other. It’s not an easy or enviable task.