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Digital Media

Jan 2021

Biden: How to Deal with the Plight of the Press; Was De-Platforming Trump Warranted; and Choosing Sides in the Dominion Libel Cases

George Freeman

MLRC 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.

Nov 2020

Free Speech on the Internet: A Conversation with Professor Tim Wu

Professor Wu on regulating online harms, his role on the Facebook oversight board, and more.

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Jul 2020

Why Tying Section 230 to Political Neutrality Violates the First Amendment

Berin Szóka

Conditioning 230 immunity on opening yourself up to legal liability under consumer protection law is a Rube-Goldberg-esque legal contraption intended to do what the First Amendment clearly forbids: forcing websites to host user-generated content they find objectionable.

Jul 2020

Does the First Amendment Include a Right to Scrape Photographs from Public Websites?

Jeff Hermes

The assertion that the First Amendment protects photo scraping has been met with skepticism from both privacy advocates and First Amendment lawyers.

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Jul 2020

CCPA Private Litigation, Recent Developments and Potential New Privacy Legislation on the Horizon

Jim Snell, Marina Gatto and Gabriella Gallego

This article discusses CCPA private litigation trends to date, summarizes the California Attorney General regulations and a ballot initiative that may be on the November 2020 ballot.

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Jul 2020

The Internet Archive National Emergency Library – A National Treasure In Uncertain Times or Mass Piracy?

Joseph Petersen, James Trigg, and Olivia Poppens

Publishers allege not only that the NEL constitutes broad copyright infringement, but that the entirety of the Internet Archive’s library services do as well.