First Amendment Doesn't Apply to Descriptions of Content Moderation Practices--Bride v. Snap

Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. This opinion raised…

It's Never the RICO--Loomer v. Zuckerberg

Loomer brought RICO claims against Facebook, Twitter, and Procter & Gamble, claiming they were all part of a “wide-ranging conspiracy…to unlawfully censor conservative voices and interfere with American elections.” The panel says wearily that “This action is Loomer’s fourth lawsuit…

Blogiversary: How Information Consumption Habits Have Changed Over the Years (Part 9 of 10)

I’m continuing my coverage of my 20 year blogiversary. I asked readers how their information consumption practices had changed in the past 20 years. Some of their responses: __ “I’m definitely online more. I didn’t even have a cell phone…

Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)

I’m continuing my coverage of my 20 year blogiversary. When I started the blog, I didn’t contemplate having guest bloggers. At minimum, I never assumed I’d have enough traffic or exposure to make it an attractive publication venue for others….

Amazon Isn't Liable for Marketplace Items That Make False Claims--Planet Green v. Amazon

I previously summarized this lawsuit: The plaintiff sells remanufactured printer ink cartridges. The plaintiff claims that Amazon listings falsely claim that other merchants’ cartridges are “remanufactured” or “recycled.” For reasons unclear to me, the plaintiff thought it would be a…

Purchase First, TOS Presentation Second = TOS Fail--Seneca v. Homeaglow

This case involves the Homeaglow/Dazzle Cleaning services. The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to…

California AG Abandons Key Parts of California's Mandatory Editorial Transparency Law (AB 587)--X v. Bonta

As you may recall, the Ninth Circuit substantially gutted California’s mandatory editorial transparency law (AB 587). In the aftermath of that ruling, the California AG abandoned its defense of key portions of the law. The settlement says: subdivisions (a)(3), (a)(4)(A),…

California's Age-Appropriate Design Code (AADC) Is Completely Unconstitutional (Multiple Ways)--NetChoice v. Bonta

I don’t normally start my blog posts with a meme, but this one tells you everything you need to know: * * * This blog post concerns the California Age-Appropriate Design Code (AADC), passed by the California legislature in 2022….

Ethan Ackerman Reflects on the Blogiversary (Part 7 of 10)

[Continuing with the blog’s celebration of its 20 year blogiversary, I’m sharing this reflection from Ethan Ackerman.] In the early oughts (zeros?)–right around Y2K, the .com crash and 9/11–the ‘series of tubes’ that was the Internet was, while still a…

Jess Miers Reflects on the Blogiversary (Part 6 of 10)

Continuing with the blog’s celebration of its 20 year blogiversary, I’m sharing this reflection from Jess Miers. __ My name is Jess Miers, and I am a legal academic and a passionate advocate for the Internet. The blog holds a…