Second Circuit Holds that Facebook Is Not a State Actor Based on Content RemovalAlexa 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.
A New World of Intangible Property: NFTs and IP RightsMilton Springut and Stephanie M. Smith
An exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.
News Anchor’s Right of Publicity Claims Can Proceed to DiscoveryTobin 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.
Section 230 Does Not Apply to Retweet Because Author Said He “Vouch[ed] for” the Retweeted ArticleSara 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.”
Northern District of California Dismisses Case Against Facebook and TwitterAllyson 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.
Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedInGrayson 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.
Ninth Circuit Affirms Ruling That Twitter’s Lawsuit Over Alleged Retaliation By Texas AG Is UnripeJeff 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.”
Ninth Circuit: FCC Stymied Its Own Ability to Block State Net Neutrality RulesJeff 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.
Delaware Court Latest to Point the Twitter Finger: Tweets Can Constitute Actionable Expressions of FactAmy 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.
Court Enjoins Texas Social Media “Censorship” LawAvery 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.”