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…
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…
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.”)…
As part of the DMCA, Congress enacted a cause of action for people who send bogus copyright takedown notices, codified at 17 USC 512(f). It was a good thought executed terribly. The courts have interpreted the law to require subjective bad…
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…
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…
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,…
The SESTA and FOSTA “debates” have been repeatedly marred by inaccurate claims. As one of countless examples, recall Prof. Leary’s testimony to Congress that FOSTA “leaves Section 230(c), the Good Samaritan immunity section, untouched.” What??? Of course FOSTA amends Section 230(c)–THAT’S THE…
As you know, Congress is brewing up bad policy solutions to the terrible crime of sex trafficking. The latest version, what I’ve deemed the Worst of Both Worlds FOSTA, passed the House and will go to the Senate floor for…
by guest blogger Alexandra J. Roberts This one’s for the ladiesss (all the pregnant ladies, all the pregnant ladies)! Plaintiff Blanqi makes high-end shapewear and maternity products. It has a pending application to register SPORTSUPPORT as a trademark for lingerie…