Want To Encourage Gossipy Content Online? Go For It–Jones v. TheDirty (Forbes Cross-Post)
In 1996, Congress enacted a crucial Internet law, 47 USC 230 (Section 230), which says that websites aren’t liable for third party content. This law, though sometimes counterintuitive, has played a huge and helpful role in the Internet’s growth by…
Criminal Cyberbullying Statute Violates First Amendment–New York v. Marquan
Albany County enacted a criminal cyberbulling statute, which defined cyberbulling as: any act of communicating or causing a communication to be sent by mechanical or electronic means, including posting statements on the internet or through a computer or email network,…
Stalking Conviction For Friending a Prosecutor’s Facebook Friends?–State v. Moller
Online stalking and threats are hot topics today, especially in light of the Supreme Court granting cert in US v. Elonis (we plan to recap that case before oral arguments). Today’s case highlights the grey area between veiled threats and…
Bad Idea: Shaming An Employee On Facebook For Health Issues–Shoun v. Best Formed Plastics
Jane Stewart, a company manager, posted the following on her Facebook page: Isn’t [it] amazing how Jimmy experienced a 5 way heart bypass just one month ago and is back to work, especially when you consider George Shoun’s shoulder injury…
Section 230 Immunizes Website For Super-User’s Doxxing–Internet Brands v. Jape
Internet Brands runs a UGC website for boating enthusiasts. It gives some super-users the power to delete promotional posts, but “Spam deleters are not authorized to ban users, remove posts or delete discussion threads,” and they don’t get paid. Although…
More Proof That Facebook Isn’t The Right Place To Bitch About Your Job–Talbot v. Desert View
Joseph Talbot was a nurse at Desert View Care Center. Talbot posted to Facebook: Ever have one of those days where you’d like to slap the ever loving bat snot out of a patient who is just being a jerk…
Texas Appellate Court Erases Court Order To Erase Google Search Results
The Texas Commission for Lawyer Discipline initiated a proceeding against lawyer Calvin Jackson of League City, Texas, but the commission later changed its mind and dropped the suit. Jackson then asked to expunge the action (what the court calls “expunction,”…
Revenge Porn/Cyberstalking Conviction Doesn’t Violate First Amendment–US v. Osinger
V.B. and Osinger had a relationship. When it terminated, he continued to contact her in a variety of ways (email, text, etc.). They originally lived in Illinois, but V.B. moved to California, where she accepted a job. Before she moved,…
Police Officers Aren’t Liable For Investigating Cyberstalking and Revenge Porn–Keaton v. Hannum
Keaton is an Indiana lawyer who was charged with stalking and otherwise harassing his ex-girlfriend, Zook (then a law student). When she broke it off, Keaton continued to contact her. When she changed her phone number, he engaged a private…
Want To Scrub Google Search Results In The US? Tough–O’Kroley v. Fastcase
I’m choosing to live in a parallel universe where the ECJ’s Google scrub-search-results ruling simply doesn’t exist. I know it’s a fantasy world, but I’m happier there. Fortunately, here in the US, the ECJ ruling couldn’t happen. The First Amendment…