Kentucky Governor Can Block Constituents on Social Media–Morgan v. Bevin
This is a First Amendment lawsuit brought by Facebook and Twitter users against the Governor of Kentucky. Plaintiffs allege that the Governor (Bevin) violated their First Amendment rights by blocking them on Facebook and Twitter. Bevin wants to hear from…
Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)–Florida Abolitionists v. Backpage
During Congress’ SESTA/FOSTA deliberations, opponents repeatedly promised that the Doe v. Backpage litigation in Massachusetts would imminently provide key insights into Section 230’s purported limitations. Indeed, a week after the Senate passed the Worst of Both Worlds FOSTA, the court…
Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions
This is a lawsuit brought by four professors and a media organization (First Look, publisher of the Intercept). Plaintiffs study real estate, finance, and employment transactions and seek to highlight the discriminatory effects of algorithms. To do so, they create…
Realistic Docudramas Don’t Violate California Publicity Rights–deHavilland v. FX
By Guest Blogger Tyler Ochoa Last week, the California Court of Appeal ordered the dismissal of a right of publicity and false-light privacy lawsuit brought by legendary actress Olivia de Havilland against FX Networks over the depiction of her in…
District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. Backpage
Backpage has been the poster child for Section 230’s purported failings. The argument goes (1) Backpage facilitates sex trafficking, (2) Section 230 protects Backpage, so (3) Section 230 is evil. That was the core message of the so-called “documentary” I Am Jane…
More on the Unconstitutional Retroactivity of ‘Worst of Both Worlds FOSTA’ (Guest Blog Post)
by guest blogger Alex F. Levy [For a discussion of retroactivity concerns under 47 U.S.C. §230(e)(5)(A), see my earlier post.] A law violates the Constitution’s Ex Post Facto clause if it “makes more burdensome the punishment for a crime, after its commission, or…deprives one charged with…
Ninth Circuit Reinstates Virtual Platform Gambling Lawsuit Against Big Fish
This is a lawsuit against the parent of Big Fish Games (Churchill Downs*), alleging that the Big Fish Casino offers illegal gambling. The district court dismissed. (Here’s my post on that ruling: “Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute.”)…
YouTube Isn’t a Company Town (Duh)–Prager University v. Google
Prager University produces videos designed to convert teenagers into conservatives. It has posted over 250 videos to YouTube. YouTube has placed some of those videos into “restricted mode,” which blocks the videos’ availability to YouTube users who voluntarily operate in…
Senate Passes ‘Worst of Both Worlds FOSTA’ (Linkwrap)
Guest-bloggers and I have already blogged SESTA and FOSTA about 2 dozen times (see below), so there’s not much to say specifically about the Senate’s approval of the Worst of Both Worlds FOSTA (without further amendment). I already explained most of the problems…
Why FOSTA’s Restriction on Prostitution Promotion Violates the First Amendment (Guest Blog Post)
by guest blogger Alex F. Levy 18 U.S.C. §2421A(a) violates the First Amendment. While “[o]ffers to engage in illegal transactions are categorically excluded from First Amendment protection,” this provision prohibits far more than that. U.S. v. Williams, 553 U.S. 285,…