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Digital Media

Jun 2022

Second Circuit Holds that Facebook Is Not a State Actor Based on Content Removal

Alexa Millinger and Daniela Mays-Sanchez

The Second Circuit affirmed that Facebook did not violate plaintiff’s Constitutional rights to free speech and due process by allegedly deleting and blocking his Facebook posts.

Jun 2022

A New World of Intangible Property: NFTs and IP Rights

Milton Springut and Stephanie M. Smith

An exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.

Jun 2022

News Anchor’s Right of Publicity Claims Can Proceed to Discovery

Tobin Raju

The court recognized Hepp sufficiently alleged that she had spent considerable time and effort cultivating an image, implying, but not expressly holding, her image had commercial value.

May 2022

Section 230 Does Not Apply to Retweet Because Author Said He “Vouch[ed] for” the Retweeted Article

Sara Benson & Cindy Gierhart

The Court held that Section 230 “may provide immunity for someone who merely shares a link on Twitter” but “it does not immunize someone for making additional remarks that are allegedly defamatory.”

May 2022

Northern District of California Dismisses Case Against Facebook and Twitter

Allyson Veile and Maggie Strouse

The decision joins the growing collection of case law rejecting First Amendment claims against social media companies for exercising control over the content that appears on their platforms.

Apr 2022

Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedIn  

Grayson Clary, Gillian Vernick and Gabe Rottman

The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.

Mar 2022

Ninth Circuit Affirms Ruling That Twitter’s Lawsuit Over Alleged Retaliation By Texas AG Is Unripe

Jeff Hermes

The Ninth Circuit ruled that a lawsuit filed by Twitter, alleging that it was the target of retaliation by Texas Attorney General Ken Paxton in violation of its First Amendment rights, was not “prudentially ripe.”

Feb 2022

Ninth Circuit: FCC Stymied Its Own Ability to Block State Net Neutrality Rules

Jeff Hermes

In a precedential opinion, the Ninth Circuit affirmed the denial of a preliminary injunction against the enforcement of California’s state net neutrality rules, as set forth in the California Internet Consumer Protection and Net Neutrality Act of 2018.

Jan 2022

Delaware Court Latest to Point the Twitter Finger: Tweets Can Constitute Actionable Expressions of Fact

Amy E. Pearl, John C. Connell, and Peter L. Frattarelli

In green lighting compliance with the subpoenas, the court found that tweets could constitute actionable expressions of fact sufficient to support a claim for defamation.

Dec 2021

Court Enjoins Texas Social Media “Censorship” Law

Avery Westerlund

Judge Pitman granted a preliminary injunction to prevent the Texas Attorney General from enforcing HB 20, which prohibits large social media platforms from “censoring” content based on “viewpoint.”