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Section 230

Aug 2022

Michigan Judge Gives Boot to Libel Suit By Man Who Gave Nazi Salute, Shouted ‘Heil Hitler’ At School Board Meeting

Herschel P. Fink

A 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.

Jun 2022

Court Allows Twitter Account Suspension Action to Partially Proceed Past Dismissal Stage

Giselle Girones

Twitter had moved to dismiss the complaint under Section 230.

Jun 2022

Eleventh Circuit Weighs in on First Amendment Rights of Online Platforms, as Parallel Case in Fifth Circuit Takes Swift Detour to Supreme Court

Jeff Hermes

May 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.

Jun 2022

Second Circuit Holds that Facebook Is Not a State Actor Based on Content Removal

Alexa Millinger and Daniela Mays-Sanchez

The 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.

Jun 2022

News Anchor’s Right of Publicity Claims Can Proceed to Discovery

Tobin Raju

The 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.

May 2022

Section 230 Does Not Apply to Retweet Because Author Said He “Vouch[ed] for” the Retweeted Article

Sara Benson & Cindy Gierhart

The Court held that Section 230 “may provide immunity for someone who merely shares a link on Twitter” but “it does not immunize someone for making additional remarks that are allegedly defamatory.”

Oct 2021

Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against Facebook

Dori Hanswirth, Michael E. Kientzle, and Rachel Carpman

The Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.

Aug 2021

Court Analyzes FOSTA Exception to Section 230

Jeff Hermes

The 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.

Jun 2021

Ninth Circuit Finds Section 230 Defense Inapplicable in Snapchat Speed Filter Suit

Matt Kristoffersen

As 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.

Jun 2021

Die Hard: Will Constitutional Roadblocks and a Lack of Consensus Stall Section 230 Reform?

Ambika Kumar, Robert Miller, and Sarah Burns

This 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.