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

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…

Facebook Isn’t Liable for Fake User Account–Caraccioli v. Facebook

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…

Recapping the “Can Technology Rescue Democracy” Essay Series at The Atlantic

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…

Facebook Defeats Lawsuit Over Material Support for Terrorists–Cohen v. Facebook

We’ve seen a cluster of lawsuits against social media sites based on their alleged provision of material support to terrorists. The first substantive ruling–in Fields v. Twitter, now on appeal to the Ninth Circuit–was a decisive plaintiff loss, casting a…

Lawsuit Against Ripoff Report Dropped After Discovery–Vision Security v. Xcentric (Guest Blog Post)

By guest bloggers Jeffrey J. Hunt and Rachel Lassig Wertheimer [Eric’s introduction: this post is written by lawyers who represented Ripoff Report in one of their multitudinous lawsuits. Because the authors were also advocates in this case, you might assume this…

How Is Texting a Dick Pic Like Masturbating in a Person’s Presence?–State v. Decker

My apologies for the indelicate headline. If you’re reading this because you’re hoping for some salacious insights regarding sexting, dick pics or masturbation, this post will disappoint you. An obvious protip: taking advice from a law professor on such topics…

To Geoblock, or Not To Geoblock – Is That Still a Question? (Guest Blog Post)

by guest blogger Marketa Trimble Should your client – an internet content provider or service provider – geoblock? Your client might geolocate – that is, it might determine an internet user’s physical location and then localize content to adjust the…

New Draft Paper on Emojis and the Law

New Draft Paper on Emojis and the Law

I have posted a draft article, entitled Surveying the Law of Emojis, to SSRN. I will be posting excerpts from the article here over the next few weeks. I would gratefully appreciate your comments on the draft. I am also…

Will Technology Destroy Our Democracy–or Save It? A Series of Papers at The Atlantic

The decade-old book The Victorian Internet recaps the rise and fall of the telegraph. The telegraph was supposed to connect people together, but instead it played a crucial role facilitating ever-more-destructive wars. The author wrote: “That the telegraph was so…