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Digital Media

Dec 2023

Why MLRC Filed an Amicus Brief at the Supreme Court

Jeff Hermes

The NetChoice cases could be as fundamental to the future of online discourse as Times v. Sullivan has been to journalism.

Jul 2023

“Server Test” Is Reaffirmed (For Now) in Hunley v. Instagram

Jim Rosenfeld and Raphael Holoszyc-Pimentel

The server test has been the law in the Ninth Circuit since 2007, but in recent years it has come under attack in lower courts in other jurisdictions.

Jun 2023

How AI “Hallucinations” Could Inflict Real-World Pain for Users

Lyndsey M. Wajert

In filing a complaint many have dubbed “the first of its kind,” a radio host in Georgia recently sued for defamation the company behind the much-buzzed-about artificial intelligence chat platform ChatGPT. And while the concept of suing an AI developer for an intent-based tort may be quite novel, the facts at issue highlight some familiar…

May 2023

A Brief Note Regarding the Recent AI Debacle in Federal Court

Jeff Hermes

An attorney’s recent debacle with AI was based on a basic and very common misunderstanding of what a tool like ChatGPT, powered by a large language model, is and does. This article attempts to clear things up.

May 2023

The Supreme Court’s Next Target: Social Media

Clay Calvert

In late April, the U.S. Supreme Court agreed to hear two cases affecting citizens’ ability to sue government officials who block them on social media. When the court tackles O’Connor-Ratcliff v. Garnier and Lindke v. Freed (likely this fall), it should embrace a rule that enhances, not constrains, the First Amendment right to engage with…

Mar 2023

Utah Becomes First State to Regulate Social Media Use by Minors

David C. Reymann

The two laws have drawn national attention in part because of the increasing focus on supposed harms social media platforms are causing minors, but also because they test, if not far exceed, the outer constitutional limits of regulating private speech.

Jan 2023

Section 230 Under Fire: The Supreme Court and Congress Weigh Narrowing Internet Service Providers’ Immunity for Content Posted by Others

Jim 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.

Dec 2022

The Internet Has Failed Us as A Society: A Debate

Hugo 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.  

Dec 2022

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.

Dec 2022

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.