California’s Effort to Suppress the Publication of Age Information Violates the Constitution–IMDb v. Becerra
IMDb has a subscription service, where subscribers can remove their age from their personal profiles (this feature wasn’t at issue in this case), and a free service, where IMDb displays an actor’s age (compiled from unspecified sources) even if the…
“Shitty Media Men” List Operator Doesn’t Qualify for Section 230 (Yet)–Elliott v. Donegan
[Note: I will blog the Senate Judiciary Committee’s EARN IT bill in a blog post next week, after I stop crying.] This case involves a Google spreadsheet called “Shitty Media Men,” created by the defendant. The defendant’s goal was to…
Want to Learn More About Section 230? A Guide to My Work (UPDATED)
I’ve written a lot on Section 230 over the years. I thought it might be helpful to provide a narrated and highly selective bibliography: The Basics An Overview of the United States’ Section 230 Internet Immunity. This is the one-stop…
My Interview With Mathew Ingram Regarding Section 230
[Note: I did this interview with Mathew Ingram in late February–before the recent flood of new anti-Section 230 activity in DC that I still need to blog. I had always planned to share it here, but the issue got backburnered…
Section 230 Protects Twitter from the “Devin Nunes’ Cow” Lawsuit–Nunes v. Twitter
In this well-publicized case, Rep. Devin Nunes sued Liz Mair (@LizMair) and the accounts @devincow (“Devin Nunes’ Cow”), and @DevinNunesMom for various tweets. That lawsuit is dubious. Even less wisely, Nunes also sued Twitter for these third-party tweets. The judge…
Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. SDCCU
Following the Ninth Circuit’s Robles v. Domino’s opinion, we’ve entered a period of relative clarity about when websites constitute “places of public accommodation” for purposes of the Americans With Disabilities Act (ADA). A recent court opinion, over a financial institution’s…
President Trump Loves Section 230 for Himself, Just Not for Anyone Else (Guest Blog Post)
by guest blogger Jess Miers [Eric’s introduction: this is the second of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from last…
“There’s Always a Tweet” Applies to Trump’s Anti-Social Media Rhetoric (Guest Blog Post)
by guest blogger Jess Miers [Eric’s introduction: this is the first of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from…
Americans Would Probably Love Section 230—If They Understood It (Cross-Post)
[Eric’s intro: before the Trump anti-Section 230 EO, the Knight Foundation and Gallup pollsters surveyed consumers on various online topics, including Section 230. I encourage you to check it out–lots of data to digest and debate. As part of preparing…
A Pre-History of the Trust & Safety Professional Association (TSPA)
I am part of a team that announced today the launch of two organizations, the Trust & Safety Professional Association (TSPA) and the Trust & Safety Foundation Project (TSF). TSPA will support the global community of professionals who develop and…