Digital Media
Going Big, One Problem at a Time: Europe’s Regulation of Digital Services and Markets Gathers Pace
Remy Chavannes, Anke Strijbos and Dorien VerhulstThe EU is determined to evolve into a self-aware, digitally sovereign bloc that sets the rules by which global technology companies have to operate. However, it is still struggling to make sharp choices between conflicting objectives, such as between privacy and competition, or between consumer protection and the promotion of innovation.
The Oversight Board at 6 Months: Will Facebook Rue the Day?
Ross UfbergThe Oversight Board is like Damocles, working just beneath the double-edged sword of free expression on one side, and other human rights prerogatives on the other. It’s not an easy or enviable task.
Massachusetts Supreme Judicial Court Digs Into Section 230 for the First Time
Jeff HermesThe decision, which involves the question of whether peer-to-peer vehicle marketplace Turo is immunized by § 230 from liability for users’ unauthorized activity at Boston’s Logan Airport, is the first significant ruling from Massachusetts’ high court on the scope of § 230’s protection.
Is Compelling Social Media to Moderate According to First Amendment Standards Consistent with First Amendment Principles?
Jeff HermesJustice Clarence Thomas issued a separate concurring opinion questioning whether public officials could be held to First Amendment standards with respect to conduct on social media sites owned and operated by private parties who are not themselves subject to the First Amendment.
When Copyright Met Cryptocurrency: A Conversation About NFTs
Jeff HermesMLRC deputy director thinks through non-fungible tokens.
Court Dismisses Libel Suit By Former Trump Campaign Adviser Against Yahoo News and HuffPost
Jeff GrossmanA Delaware court has dismissed a defamation lawsuit brought by former Trump 2016 campaign adviser Carter Page against Yahoo News and HuffPost concerning articles about the U.S. intelligence investigation into Page’s contacts with Russia.
Eighth Circuit Allows State Rep to Block Constituents from Campaign-Focused Twitter Account
Michael L. NeppleThe Eighth Circuit determined that an elected Missouri legislator did not violate the First Amendment when she blocked a constituent from her Twitter account because she operated it “in a private capacity, namely, as a campaigner for public office,” and, thus, not “under color of state law.”
Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
Christopher W. Savage, Ambika Kumar Doran, and James RosenfeldIf passed, the Act would dramatically change the landscape of online liability.
Biden: How to Deal with the Plight of the Press; Was De-Platforming Trump Warranted; and Choosing Sides in the Dominion Libel Cases
George FreemanMLRC Executive Director reflects on the challenges facing president Biden, big tech deplatforming former president Trump, and how the media bar might consider a worthy defamation suit.