State Sup. Ct. Affirms Harassment and Breach of Peace Conviction for Posting Pages from Diary to Facebook

State Sup. Ct. Affirms Harassment and Breach of Peace Conviction for Posting Pages from Diary to Facebook

I blogged about this case a few years ago at the appeals court stage. (“Conviction for Posting Pages From Teenager’s Diary Via Mail and Facebook Partially Reversed“.) In a nutshell, the defendant was accused of taking, without permission, pages from…

WTF Is Going On With Section 230?–Cross v. Facebook

It’s been a tough year for Section 230. In one case after another, I’ve had to “explain away” Section 230 losses: * Doe #14 v. ModelMayhem. The 9th Circuit embraced a dubious “failure to warn” exception to Section 230. *…

'Badass Lawyer' Loses Lawsuit Over Parody Twitter Account--Levitt v. Felton

‘Badass Lawyer’ Loses Lawsuit Over Parody Twitter Account–Levitt v. Felton

This is an awesome parody account/First Amendment case. Todd Levitt is a self-described “badass lawyer” (this description comes from his since-deleted Twitter account) and an adjunct instructor at Central Michigan University (CMU). His Twitter account looked interesting, to say the…

Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh...

Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh…

The Supreme Court issued its opinion in Spokeo v. Robins. A six Justice majority reversed the Ninth Circuit’s decision on the basis that the Ninth Circuit did not sufficiently consider whether Mr. Robins’s alleged harms were “concrete.” On the question…

Amazon Defeats Publicity Rights Lawsuit Over 'A Gronking To Remember' Book Cover (Forbes Cross-Post)

Amazon Defeats Publicity Rights Lawsuit Over ‘A Gronking To Remember’ Book Cover (Forbes Cross-Post)

Greg McKenna writes as a woman using the pen name Lacey Noonan. In 2014, McKenna wrote the book “A Gronking to Remember,” an erotic “fan fiction” book about New England Patriots tight end Rob Gronkowski. He self-published the book digitally…

Facebook Isn't Liable For Fake User Account Containing Non-Consensual Pornography--Caraccioli v. Facebook (Forbes Cross-Post)

Facebook Isn’t Liable For Fake User Account Containing Non-Consensual Pornography–Caraccioli v. Facebook (Forbes Cross-Post)

Franco Caraccioli is a third-year law student in San Diego. For reasons not explained in the opinion, someone created a fake Facebook account named “Franco Caracciolijerkingman” and posted photos and videos of Caraccioli “sexually arousing or pleasuring himself.” (All facts…

PGA Can Turn Caddies Into 'Human Billboards'--Hicks v. PGA Tour

PGA Can Turn Caddies Into ‘Human Billboards’–Hicks v. PGA Tour

As I’ve written before, marketers are in a never-ending quest to find and exploit new ways to capture consumer attention. With the rise of DVR ad-avoidance technologies, marketers keep finding more unskippable broadcast TV ad exposures like product placements. And…

Courtney Love Defeats Twibel Claims--Holmes v. Love

Courtney Love Defeats Twibel Claims–Holmes v. Love

Courtney Love Cobain, tweeting with two twitter users (“fairnewsspears” and “noozjunkie”), stated she: was fucking devasted when Rhonda J. Holmes, Esquire, of San Diego was bought off @FairNewsSpears perhaps you can get a quote Holmes was a lawyer who had…

Hacky Sacker's Publicity Rights Claim Against Energy Drink Tossed--Martin v. 5-Hour Energy Drink

Hacky Sacker’s Publicity Rights Claim Against Energy Drink Tossed–Martin v. 5-Hour Energy Drink

Johannes (Ted) Martin was (and is currently) the world record holder for “most consecutive kicks (no knees)” of a hackysack. A five hour energy drink made an advertisement depicting an unknown actor claiming he performed several superhuman tasks, including breaking…

Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

The litigation over Facebook’s sponsored stories occurred what seems like eons ago. Recently, the last of it wrapped up (although the latest ruling is the subject of a petition for rehearing en banc). It generated lots of blog fodder, and…