Section 230 Under Fire: The Supreme Court and Congress Weigh Narrowing Internet Service Providers’ Immunity for Content Posted by OthersJim Rosenfeld, Adam Sieff, and Shontee Pant
This article reviews how Gonzalez came before the Court, discusses the principal arguments that the parties and amici have raised, and previews proposed Congressional actions.
The Internet Has Failed Us as A Society: A DebateHugo Rikind, Jane Kirtley, Hugh Tomlinson KC, and Gavin Millar KC
Four experts from journalism, academia, and law contemplate the legal, political, and cultural issues surrounding the internet and society.
Professor Amy Gajda on Privacy and the Media and Her New Book “Seek and Hide”
Tulane Law professor, former journalist and privacy expert on the skirmishes between the press, the public, and the powerful, and the evolving boundaries of the law.
Professor Eric Goldman on Platform Transparency and the Constitution
Santa Clara University School of Law professor on the First Amendment implications of efforts to compel internet services to disclose various aspects of their decision-making processes and criteria with respect to user-generated speech.
Fourth Circuit Pokes New Holes in Section 230 and Re-opens Old QuestionsJeff Hermes
The opinion reaches a result that many might consider unremarkable. However, it turns on reading new limitations into the scope of Section 230’s protection that are deeply concerning.
Is Content Moderation a (Perhaps Un-)Necessary Evil, or a First Amendment Good?Jeff Hermes
A consideration of the role that editorial discretion and content moderation play in the marketplace of ideas.
Data Security & Privacy 101
Resources exploring data security (what businesses are obligated to do in the event of a data breach, the financial implications, and best practices for responding), and data privacy ( how our patchwork of laws impacts businesses).
Michigan Judge Gives Boot to Libel Suit By Man Who Gave Nazi Salute, Shouted ‘Heil Hitler’ At School Board MeetingHerschel P. Fink
A man who disrupted a suburban Detroit school board hearing with a Nazi salute and shouts of “Heil Hitler!” to protest a proposed mask mandate, and then sued for libel after his actions were widely reported, lost his case against five news outlets.
Court Allows Twitter Account Suspension Action to Partially Proceed Past Dismissal StageGiselle Girones
Twitter had moved to dismiss the complaint under Section 230.
Eleventh Circuit Weighs in on First Amendment Rights of Online Platforms, as Parallel Case in Fifth Circuit Takes Swift Detour to Supreme CourtJeff Hermes
May 2022 was a dramatic month for cases heard by the Fifth and Eleventh Circuits raising First Amendment challenges to state laws that purport to regulate social media sites.