Section 230
The Supreme Court Hears the NetChoice Cases
Jeff HermesWhatever happens here, it seems unlikely that we will see a straight thumbs-up or thumbs-down on the constitutionality of the state laws.
Section 230 Under Fire: The Supreme Court and Congress Weigh Narrowing Internet Service Providers’ Immunity for Content Posted by Others
Jim Rosenfeld, Adam Sieff, and Shontee PantThis article reviews how Gonzalez came before the Court, discusses the principal arguments that the parties and amici have raised, and previews proposed Congressional actions.
Professor Eric Goldman on Platform Transparency and the Constitution
Santa Clara University School of Law professor on the First Amendment implications of efforts to compel internet services to disclose various aspects of their decision-making processes and criteria with respect to user-generated speech.
Fourth Circuit Pokes New Holes in Section 230 and Re-opens Old Questions
Jeff HermesThe opinion reaches a result that many might consider unremarkable. However, it turns on reading new limitations into the scope of Section 230’s protection that are deeply concerning.
Is Content Moderation a (Perhaps Un-)Necessary Evil, or a First Amendment Good?
Jeff HermesA consideration of the role that editorial discretion and content moderation play in the marketplace of ideas.
Michigan Judge Gives Boot to Libel Suit By Man Who Gave Nazi Salute, Shouted ‘Heil Hitler’ At School Board Meeting
Herschel P. FinkA man who disrupted a suburban Detroit school board hearing with a Nazi salute and shouts of “Heil Hitler!” to protest a proposed mask mandate, and then sued for libel after his actions were widely reported, lost his case against five news outlets.
Court Allows Twitter Account Suspension Action to Partially Proceed Past Dismissal Stage
Giselle GironesTwitter had moved to dismiss the complaint under Section 230.
Eleventh Circuit Weighs in on First Amendment Rights of Online Platforms, as Parallel Case in Fifth Circuit Takes Swift Detour to Supreme Court
Jeff HermesMay 2022 was a dramatic month for cases heard by the Fifth and Eleventh Circuits raising First Amendment challenges to state laws that purport to regulate social media sites.
Second Circuit Holds that Facebook Is Not a State Actor Based on Content Removal
Alexa Millinger and Daniela Mays-SanchezThe 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.
News Anchor’s Right of Publicity Claims Can Proceed to Discovery
Tobin RajuThe 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.