Section 230
Third Circuit Cites First Amendment to Limit § 230 Protection
Jeff HermesIn its opinion in Anderson v. TikTok, the Third Circuit held that Section 230 offers no protection for the sua sponte recommendation of content by social media platforms.
9th Circuit Affirms Dismissal of Claimed Censorship Case Against Facebook and Fact-Checking Organizations Brought by RFK, Jr. Group
Daniela Abratt-CohenThe Court held the district court properly dismissed a case filed by Children’s Health Defense, a nonprofit organization founded by Robert F. Kennedy, Jr., that advocates against vaccines, finding that it failed to a state a claim that fact-checks, and other restrictions, regarding its ability to post and fundraise on Facebook violated the First Amendment…
Strange Facts, But Wire Service Defense Wins the Day in Florida
Charles GlasserWhile the facts of the case are almost one-in-a-million, the legal issues – involving libel by embedding allegedly defamatory tweets written by others – is something we are dealing with more and more frequently.
With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists
David Zeitlin and Robb HarveyTennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.
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.