Snapchat’s Speed Filter Protected by Section 230–Lemmon v. Snap
This case involves a fatal crash after the car occupants used Snapchat’s speed filter to record going 123 mph. Snapchat defended the subsequent personal injury lawsuit on Section 230 grounds. The court previously dismissed the case with leave to amend….
YouTube Isn’t a State Actor (DUH)–PragerU v. Google
We live in an upside-down world where “conservatives” are actively seeking to impose must-carry obligations on Internet services by characterizing them as state actors. These arguments are ill-considered as “conservative” doctrine because they would massively expand the scope of government…
Yelp Finally Defeats a False Advertising Lawsuit Over Its Review Functionality–Demetriades v. Yelp
This is a long-running case against Yelp initiated by a restaurant in Mammoth Lakes. I first blogged the case in 2013 when the lower court granted Yelp’s anti-SLAPP motion; I also blogged it in 2014 when the appellate court reversed…
Section 230 Protects Zillow for Bogus Submissions of House Details–924 Bel Air v. Zillow
This lawsuit relates to 924 Bel Air Road in Los Angeles, a house known as “Billionaire” (seriously, who chose that brand???). It is one of the most expensive houses in the world. The house is located on an acre+ lot…
The “EARN IT” Act Is Another Terrible Proposal to “Reform” Section 230
Another “fix Section 230” bill is coming. This one is called the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020” or “EARN IT Act of 2020” and it’s being led by Sens. Graham and Blumenthal. The EARN…
Snapchat Temporarily Defeats Another Case Over Its Speed Filter–Lemmon v. Snap
Snapchat’s speed filter “allows users to record their real-life speed, including as a driver or passenger, and overlay that speed onto a mobile photo or video. Snapchat users can then share, on social media, that mobile photo or video with…
New Paper Explains How FOSTA Devastated Male Sex Workers
I call your attention to a new article: David Eichert (a JD/PhD student), “‘It Ruined My Life’: FOSTA, Male Escorts, and the Construction of Sexual Victimhood in American Politics,” 26 Virginia Journal of Social Policy & the Law 201 (Winter…
Can a Retweet Constitute Copyright Infringement? Uh….–Bell v. Chicago Cubs
Bell authored a book called “Winning Isn’t Normal.” He got a copyright registration for the book and a separate registration for a 241 word passage from the book (I won’t include that passage here for reasons that soon will be…
Google Search Qualifies For Section 230, Whether or Not It’s a “Platform”–Chukwurah v. Google
This is a prisoner pro se lawsuit. “The Complaint avers that beginning February 28, 2014, Google identified Chukwurah as a ‘a triple murderer serving 50 years in a Maryland,’” allegedly because of false court documentation. The court explains: the Court,…
FOSTA Constitutional Challenge Revived–Woodhull Freedom Foundation v. US
The DC Circuit revived the EFF-led constitutional challenge to FOSTA, holding that at least two of the plaintiffs have standing. This raises the specter that key parts of FOSTA might still be struck down as unconstitutional. Among other things, FOSTA…