Plaintiffs Lack Standing to Sue Over Government Jawboning When Their Evidence is Based on Vibes–Murthy v. Missouri
…express no view as to whether the Fifth Circuit correctly articulated the standard for when the Government transforms private conduct into state action”). Indeed, the majority opinion doesn’t contain a…
A Peek Into the Long Tail of Facebook’s Litigation Docket
…case. The plaintiff is concerned about something related to interference with his mind by AI. He styles the case as a 1983 deprivation of rights, which requires state action. The…
Supreme Court Addresses When Government Employees’ Social Media Accounts are State Action (Lindke & Garnier)
…easy answers: “The distinction between private conduct and state action turns on substance, not labels: Private parties can act with the authority of the State, and state officials have private…
Jawboning Defendants Are 6-for-6 in the Ninth Circuit–Hart v. Facebook
…Google Selected Posts About State Action Claims YouTube Still Isn’t a State Actor–Albertson v. Google Twitter Account Suspension Lawsuits Keep Failing–Hall v. Twitter Twitter Defeats Account Suspension Case–Craft v. Musk…
YouTube Still Isn’t a State Actor–Albertson v. Google
…About State Action Claims Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesn’t Like the Biden Administration)–Rogalinksi v. Meta Twitter Account Suspension Lawsuits Keep Failing–Hall v….
Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesn’t Like the Biden Administration)–Rogalinksi v. Meta
…of Internet Services Isn’t Actionable–AAPS v. Schiff Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook Section 230 Ends Demonetized YouTuber’s Lawsuit–Lewis v. Google Selected Posts About State Action Claims…
YouTube Still Isn’t a State Actor–RFK Jr. v. Google
…platform has been rendered a state actor.” The Ninth Circuit jurisprudence is unforgiving with respect to RFK Jr.’s state action claim. He admitted that the government didn’t coerce YouTube to…
It Turns Out You Can’t “Sue the CDA”–Fyk v. US
…and does not enable, command, or delegate any state action. That the CDA is a federal law does not mean Mr. Fyk can bring a claim against the United States…
Politician-Operated Social Media Accounts Raise Many Thorny Legal Issues
…risk of going sideways in hugely problematic ways. In particular, the Supreme Court will be invited to opine on what constitutes state action online, and this could cross over to…
Roundup of Recent Section 230 Developments
…Defendants’ actions into state action. As Defendants note, Section 230 was designed to “reflect a deliberate absence of government involvement in regulating online speech,” but has instead, according to Plaintiffs’…