Section 230
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.
Section 230 Does Not Apply to Retweet Because Author Said He “Vouch[ed] for” the Retweeted Article
Sara Benson & Cindy GierhartThe 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.”
Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against Facebook
Dori Hanswirth, Michael E. Kientzle, and Rachel CarpmanThe Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.
Court Analyzes FOSTA Exception to Section 230
Jeff HermesThe 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.
Ninth Circuit Finds Section 230 Defense Inapplicable in Snapchat Speed Filter Suit
Matt KristoffersenAs 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.
Die Hard: Will Constitutional Roadblocks and a Lack of Consensus Stall Section 230 Reform?
Ambika Kumar, Robert Miller, and Sarah BurnsThis 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.
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.