Digital Media
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.
Donald Trump Tries to Hold Social Media Platforms Liable for Politicians’ Exercise of Soft Power
Jeff HermesTrump’s complaints assert that the platforms were coerced into deplatforming Trump and others by Democratic lawmakers and other government officials, rendering the platforms’ decisions state action in violation of the First Amendment.
“Cursing Cheerleader” Decision Leaves Unanswered Questions About Public Schools’ Authority Over Students’ Digital Free Speech Rights
Michael J. GrygielThe Court affirmed that a student’s suspension from her high school’s cheerleading squad for vulgar Snapchat postings made outside of school on a weekend violated the First Amendment.
Ninth Circuit Finds Section 230 Defense Inapplicable in Snapchat Speed Filter Suit
Matt KristoffersenAs the panel wrote, the defendants are not trying to hold Snap liable as a publisher under Section 230. Rather, Snap is liable for a negligently designed product as a manufacturer — a completely different role.
SCOTUS Ruling on Computer Fraud and Abuse Act May Help Investigative Journalists
Lynn Oberlander and Charles D. TobinJournalists may face less risk for commonplace investigative computer reporting techniques thanks to a recent ruling from the U.S. Supreme Court.
Die Hard: Will Constitutional Roadblocks and a Lack of Consensus Stall Section 230 Reform?
Ambika Kumar, Robert Miller, and Sarah BurnsThis article reviews the background and evolution of Section 230, explains proposals to reform or eliminate it, and evaluates some First Amendment implications of those proposals.
Social Media Blocking by Government Officials: Where Does the Law Stand?
Lyndsey WajertA look at how caselaw has developed since the Knight Institute filed the 2017 complaint against president Trump, and what factors courts consider in challenges to social media blocking by public officials.