2023 Emoji Law Year-in-Review

…id. at 72, 167 (Ballenger: “[T]he time has come. It’s January 6!!!”); id. at 119, 168 (Price: “[W]e’re just taking over the Capitol.”).” * “excessive use of emojis could potentially…

Facebook Defeats Lawsuit Over Its January 6 Explanation–Mahoney v. Meta

…of the January 6 “rally” and its participants. I’ve blogged on legal cases relating to the insurrection numerous times (see some of the posts here). When Trump exhorted the J6…

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

Paul Davis is a lawyer and a self-described “J6er,” i.e., a participant in the January 6, 2021 U.S. Capitol insurrection. (His current Instagram bio: “God-fearing, freedom-fighting, ultra-MAGA🔥⬆️TX lawyer for patriots…

“Stop the Steal” Rally Attendee’s Defamation Claim Fails–Chad Burmeister v. Saldich

Chad Burmeister (no Chad jokes, please…no Karen jokes, either) attended the DC “Stop the Steal” rally on January 6, 2021. One of his LinkedIn contacts noisily dropped him as a…

Catching Up on Government Officials’ Censorship of Constituents on Social Media

Buentello v. Boebert, No. 1:21-cv-00147-DDD (D. Colo. Oct. 28, 2022) The court summarizes: on January 6, 2021, Plaintiff directed tweets at Defendant, criticizing public remarks Defendant made leading up to,…

2021 Section 230 Year-in-Review

…reading this 5,400 word blog post. Section 230 Celebrates Its Quarter-Century Anniversary. Section 230’s Silver Anniversary came on the heels of the December 2020 repeal attempts and the January 6

2021 Internet Law Year-in-Review

…the lawsuits would overwhelm them. More likely, services would give up on UGC and switch to professionally produced content instead. The January 6 Insurrection. On January 6, 2021, thousands of…

New Article: “The Constitutionality of Mandating Editorial Transparency”

…the Florida and Texas social media censorship laws, but the phenomenon is pervasive. As just one recent example, Congress’ January 6 Insurrection committee has submitted subpoenas to the major Internet…

The First Amendment Protects Twitter’s Fact-Checking and Account Suspension Decisions–O’Handley v. Padilla

…and issued O’Handley a strike. Following the January 6 insurrection, Twitter fact-checked three more O’Handley tweets, restricted those tweets’ virality, and issued 3 more strikes that led to a 7…

All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v. Facebook

…United States on January 6, 2021 precludes Facebook from enforcing its forum-selection clause against him. Facebook’s Venue Selection Clause is Valid. “courts in the Eleventh Circuit and across the nation…