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Section 230

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.

May 2021

Massachusetts Supreme Judicial Court Digs Into Section 230 for the First Time

Jeff Hermes

The 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.

Apr 2021

Is Compelling Social Media to Moderate According to First Amendment Standards Consistent with First Amendment Principles?

Jeff Hermes

Justice Clarence Thomas issued a separate concurring opinion questioning whether public officials could be held to First Amendment standards with respect to conduct on social media sites owned and operated by private parties who are not themselves subject to the First Amendment.

Mar 2021

Court Dismisses Libel Suit By Former Trump Campaign Adviser Against Yahoo News and HuffPost

Jeff Grossman

A Delaware court has dismissed a defamation lawsuit brought by former Trump 2016 campaign adviser Carter Page against Yahoo News and HuffPost concerning articles about the U.S. intelligence investigation into Page’s contacts with Russia.

Feb 2021

Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers

Christopher W. Savage, Ambika Kumar Doran, and James Rosenfeld

If passed, the Act would dramatically change the landscape of online liability.