Digital Media
Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedIn
Grayson Clary, Gillian Vernick and Gabe RottmanThe 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 Unripe
Jeff HermesThe 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 Rules
Jeff HermesIn 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 Fact
Amy E. Pearl, John C. Connell, and Peter L. FrattarelliIn 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” Law
Avery WesterlundJudge 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.”
Professor Cass Sunstein on Falsity and Free Speech
The Harvard Law professor discusses his forthcoming book "Liars, Falsehoods and Free Speech in an Age of Deception" and many other topics in First Amendment law.
Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against Facebook
Dori Hanswirth, Michael E. Kientzle, and Rachel CarpmanThe Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.
Landmark Defamation Decision in Australia Says You Are Liable for the Comment Section
Peter Bartlett and Tess McGuireIn a decision with far-reaching ramifications for social media engagement in Australia, the country's top court ruled that media companies may be liable for allegedly defamatory comments left by readers on their Facebook posts.
Court Analyzes FOSTA Exception to Section 230
Jeff HermesThe case involved claims against Twitter arising out of its alleged failure to remove links to third-party sex trafficker pornographic videos upon the request of minors depicted therein.
What the Zuck! Court Grants USA Today’s Motion to Dismiss Social Media Personality’s Complaint
Michael Pusateri and Michael J. GrygielJudge 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.