What is a “True Threat” Online?–In re. R.D.
This case involves a Twitter war of words between high schoolers shortly after a local school shooting. Some tweets may have been quoted song lyrics, others were typical nonsense teen bluster, and some may have been legally prosecutable threats. The…
Fox News Is a Flaming Pile of Garbage, But You Can’t Sue Them for That–WASHLITE v. Fox News
I can’t understand why anyone watches Fox News. Fox News isn’t a serious news organization. It has instead found a market niche for unwavering partisan disinformation. As Prof. Yochai Benkler (Harvard Law) showed in a comprehensive study of disinformation in…
My Galley by CJR Interview on Trump’s Anti-Section 230 Executive Order
At Galley by CJR, I did a one-hour real-time virtual “interview” with Mathew Ingram on the topic of “Trump vs. Social Media.” For background, you may want to review my 5,800 word blog post on Trump’s anti-Section 230 Executive Order…
Section 230 Ends Demonetized YouTuber’s Lawsuit–Lewis v. Google
Lewis ran a YouTube channel called “Misandry Today.” Misandry is hatred of men, like misogyny but with reversed genders. I didn’t look at Lewis’ content but I worry that its examples of alleged misandry actually might be presented to advance…
Court Rejects Another Lawsuit Alleging that Internet Companies Suppress Conservative Views–Freedom Watch v. Google
This is one of many “conservative” lawsuits claiming that Internet companies engage in bias and discrimination against them. Though they often blame Section 230 for this allegedly discriminatory behavior, this lawsuit fails without any reference to Section 230 at all….
Trump’s “Preventing Online Censorship” Executive Order Is Pro-Censorship Political Theater
Introduction We all knew the day would come when the Trump Administration would try to censor the Internet. This was inevitable because of Trump’s dictatorial lust, his antipathy towards independent media sources that can hold him accountable for his actions,…
High School Can’t Expel Student for Sharing Memes in Private Snapchat Conversation–JS v. Manheim Township School District
During downtime at home, high schoolers JS and “Student 1” gossiped about their peer “Student 2” via private Snapchat. JS thought Student 2 looked like a school shooter based on his hair and his wearing a “Cannibal Corpse” t-shirt. (TIL:…
Another Suspended Twitter User Loses in Court–Wilson v. Twitter
Wilson says he used his Twitter account to express his heterosexuality and Christianity. Twitter suspended the account, allegedly for hateful conduct. Wilson tried creating new accounts but was blocked. Wilson sued Twitter pro se for hundreds of millions of dollars….
2H 2019 and Q1 2020 Quick Links, Part 7 (Content Moderation, Censorship, Defamation, & More)
Content Moderation * The Verge: The Terror Queue: These moderators help keep Google and YouTube free of violent extremism — and now some of them have PTSD * The Intercept: Trauma Counselors Were Pressured to Divulge Confidential Information About Facebook…
2H 2019 and Q1 2020 Quick Links, Part 6 (Pornography/CSAM)
* People v. Austin, 2019 IL 123910 (Ill. Sup. Ct. Oct. 18, 2019). Illinois Supreme Court upholds a sui generis anti-NCP law as constitutional: “the sharing of a private sexual image in a personal and direct communication with an intended…