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’…
Twitter Account Suspension Lawsuits Keep Failing–Hall v. Twitter
…it is a private company, not a government or state actor, and Hall has not shown that the state action doctrine would apply in the circumstances of this case.” Cites…
Twitter Defeats Account Suspension Case–Craft v. Musk
…with the state or its agents” no allegations of government coercion or encouragement no allegations of government nexus Even if the state action claim was tenable, the court says Section…
Government Submissions to a Trusted Flagger Program Aren’t Unconstitutional Jawboning–O’Handley v. Weber
…ultimately suspended his account. Because of that central fact, we hold that Twitter did not operate as a state actor and therefore did not violate the Constitution State Action “Twitter…
Facebook Defeats Lawsuit Over Account Suspension for a Voting Misinformation “Joke”–Hall v. Meta
…state actor.” Ugh, these state action cases seem endless. The court, citing Halleck, Prager, and Trump v. Twitter, easily rejects the argument. (Apparently, Hall borrowed extensively from Trump’s complaint, which…
Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube
…dismissal of a claim for relief from discrimination—is a state action in violation of that mandate. But the logical corollary of the requirement of state action is the existence and…
Catching Up on Government Officials’ Censorship of Constituents on Social Media
…action. And even if her claims are not barred, Defendant’s act in blocking Plaintiff from the @laurenboebert Twitter account was not state action, and therefore not a First Amendment violation……
The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton
…Universe of “Social Media Platforms” Treating Private Action Like State Action Denigrating the Constitutional Importance of Curation Congress Can’t Circumscribe Constitutional Rights The Judge Mangles Zauderer and NIFLA (With a…