Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff--Konangataa v. ABC

You probably remember the story about a new dad’s Facebook Live broadcast of his baby’s birth. His video was covered by many media outlets, including some outlets that published snippets of the video (re the defendants in this case: 30…

Section 230 Protects Google's Decision Not To De-Index Content--Bennett v. Google

Dawn J. Bennett was a financial advisor in major trouble with the SEC. She also has a sporting apparel company. She hired an SEO, Pierson, to improve the search engine indexing of her website. After a payment dispute, Pierson posted…

Does the Packingham Ruling Presage Greater Government Control Over Search Results? Or Less? (Guest Blog Post)

By guest blogger Heather Whitney [Heather is a Visiting Researcher at Harvard Law School (Spring 2017). She has also been Bigelow Fellow & Lecturer in Law at University of Chicago Law School (2014-2016) and a Googler (2007-2010). She will be…

Frequency of Courts' References to Emojis and Emoticons Over Time

[This is another excerpt from my Emojis and the Law paper.] In preparing the article, I gathered a dataset of all cases I could find in Westlaw and Lexis containing the word “emoticon” or “emoji.” This dataset is subject to…

Ban on Sex Offenders Using Social Media Violates First Amendment--Packingham v. North Carolina

Yesterday, the Supreme Court struck down a North Carolina law that banned registered sex offenders from using social media sites. It’s a rare treat to get a Supreme Court opinion delving into Internet content regulations, and as a bonus, this…

Trademark Registrations for Emojis

[This is another excerpt from my Emojis and the Law paper.] The Trademark Office has registered emoji trademarks. On January 20, 2017, I conducted a search in the TESS database for “emoji” and identified 385 records. At that time, most…

I blogged about this case last year. (This case is also indexed in our compendium of nonconsensual pornography cases). In my prior post, I described the facts: Franco Caraccioli is a third-year law student in San Diego. For reasons not…

As I mentioned before, I helped organize a series of essays at The Atlantic addressing the question: “Is technology hurting our democracy, and can it help save it?” The series is now complete, so I thought it was worth revisiting…

Copyright Registrations for Emoticons and Emojis

[This is the first of a series of excerpts from my Emojis and the Law paper. Note that I’ve created a new blog category for “Emojis”–the first new category in years!] In my Emojis and the Law paper, I analyzed…