Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird

You surely recall the Hassell v. Bird ruling from last year. A lawyer was unhappy with a Yelp review about her. The lawyer sued the putative author (with dubious service of process), got a default ruling that the review was…

Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner

The Commissioner of Social Security ruled that Nelson’s disability ended in 2010 and terminated benefits. In 2014, Nelson filed a federal lawsuit contesting that determination. In 2014, the judge ruled in her favor. In 2016, Nelson went back to court….

The “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” Bill Would Be Bad News for Section 230

As expected, last week Rep. Ann Wagner introduced the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” bill, H.R. 1865. This is a renamed version of the draft bill, the “No Immunity for Sex Traffickers Online…

Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary--D Magazine v. Rosenthal

Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary–D Magazine v. Rosenthal

This is an interesting opinion from the Texas Supreme Court on citing Wikipedia as a dictionary. The underlying case involves an article in D Magazine titled “The Park Cities Welfare Queen.” The article purports to show that the plaintiff, Rosenthal,…

Court Strikes Probation Condition Against Using a Device Containing Encryption–In re Mike H.

Mike, a minor, pled guilty to committing sodomy on a minor against his girlfriend. The crime had no relationship to the Internet, although Mike and his girlfriend had texted each other and Mike admitted to masturbating to online pornography once…

Can Blogging Violate the Fair Housing Act?–Revock v. Cowpet Bay West Condo Ass’n

[Note: as I declared almost a decade ago, I don’t do April Fool’s jokes.] This case is a collision between dogs as emotional support animals and a “no dogs” condominium association rule. The civil rights implications of a “no pets”…

WARNING: Draft "No Immunity for Sex Traffickers Online Act" Bill Poses Major Threat to Section 230

WARNING: Draft “No Immunity for Sex Traffickers Online Act” Bill Poses Major Threat to Section 230

I rarely blog about draft bills that have not yet been introduced. Sometimes those drafts never get introduced at all; other times, the draft bills are revised in key ways before introduction. This particular draft has been circulating for a…

Judge Balks At Section 230 Protection For Email Forwarding–Samsel v. DeSoto County School District

Today’s blog post covers a very long opinion (70 pages!) involving a school principal effectively firing a successful football coach in football-crazed northern Mississippi. If you want a taste of how much angst that can create, try to wade through…

Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine

Doe Publius (nice alias) runs the “The Real Write Winger” blog, hosted by WordPress. He was unhappy about California’s ammunition purchase registry, which publishes “the driver’s license information, residential address and telephone number, and date of birth for anyone who…

New Essay: Understanding the Consumer Review Fairness Act of 2016

I’ve posted a new essay, Understanding the Consumer Review Fairness Act of 2016, to SSRN. It will be published later this year in the Michigan Telecommunications and Technology Law Review (MTTLR). I trust most of you already know about the…