Attempt to Weaponize Section 230(c)(2)(B) Fails on Ripeness Grounds–Zuckerman v. Facebook
Ethan Zuckerman, a professor at UMass Amherst, wants to code and offer an app he calls Unfollow Everything 2.0, “which would automate the process of unfollowing friends, groups, and pages on a user’s Facebook social media profile.” Because he expects…
High School Can Discipline Student for Undisclosed Use of Generative AI–Harris v. Adams
RNH was a junior last year at Hingham High School in Massachusetts. He got a perfect ACT store and hopes for early admission to Stanford. The school repeatedly told students about limitations on the use of Generative AI for school…
Section 230 Applies to Gamer’s Complaints About Griefing–Haymore v. Amazon
This is a pro se/in pro per lawsuit. Andrew Grant Haymore played the MMORPG “New World” and used the New World discord server, from which he was banned. He alleges the ban diminished his investment of 10k hours and $1,700…
Section 230 Immunizes OnlyFans for User-Uploaded Video–Doe v. Fenix
[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and…
CA Anti-SLAPP Law Applies to #MeToo Instagram Post–Nelson v. Bridgers
This case involves three people: Chris Nelson, “a well-established music industry entrepreneur.” Emily Bannon, an alleged former girlfriend and victim of Nelson’s behavior. Phoebe Bridgers (photo on the right), “a singer, songwriter, and guitarist” with a large Instagram audience. Nelson…
What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta
Ronda Baldwin-Kennedy, a lawyer, ran for the US Senate in Nevada as a Republican. She got less than 2,000 votes in the June 2024 primary. Now, she’s suing Meta for a variety of gripes related to her Facebook and Instagram…
Section 230 Defeats Underage User’s Lawsuit Against Grindr–Doll v. Pelphrey
This is another lawsuit against Grindr claiming that Grindr made it too easy for underage users to sign up and meet other users for sex. Thus, the plaintiff alleges “Grindr should have prevented C.D. from communicating with them by implementing…
Court Revives Indiana AG’s False Advertising Case Against TikTok–State v. TikTok
This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to…
Court Enjoins California’s Anti-“Political Deepfakes” Law (AB 2839) Because It’s Unconstitutional Censorship–Kohls v. Bonta
In September, California enacted AB 2839. It seeks to remove certain types of politically themed “materially deceptive content” (including “deepfakes” 🙄) during the election season, except for some labeled parodies and satire. The law provides a private right of action…
Five Decisions Illustrate How Section 230 Is Fading Fast
Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230…