Retweets ≠ Endorsements (As a Matter of Law)–Flynn v. CNN
Some members of Gen. Michael Flynn’s family sued CNN for implying that they are QAnon followers. The case involves: a report aired by CNN on February 3, 2021, which was…
Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)
…without certification doesn’t create any benefits for anyone. If the auditor-censor’s report comes back clean, the platform has satisfied the defense. If the auditor-censor’s report doesn’t come back clean, the…
Quick Links from the Past Year, Part 8 (Editorial Transparency)
…report that says “we might do something about your report, we might not. Who knows, really? That’s what editorial discretion means.” Obviously all of this is worthless to everyone, but…
Probationer Restricted from Using “Gang Symbols” on “Social Media”–In re JT
JT, a minor, was convicted of burglary and more. Based on the probation report, the judge inferred his gang membership. His probation conditions included this restriction: not knowingly post, display…
Omegle Denied Section 230 Dismissal–AM v. Omegle
…for Fordyce and his friends, and recruit other minors for Fordyce to abuse. Fordyce threatened A.M. that if she reported him, he would release the videos and pictures and she…
Quick Links from the Past Year, Part 7 (Section 230)
…provided services to cheaterreport.com. Plaintiff alleges these defendants hosted or assisted in the defamatory information posted online by cheaterreport.com. The “broad immunity” provided by section 230 would bar these claims.”…
Sixth Circuit: Government Official Can Freely Censor Constituents at his Public Facebook Page–Lindke v. Freed
…official circuit split to facilitate SCOTUS review. Other Litigation. I don’t report on all similar government social media lawsuits because these cases are endless. My alerts are filled with them….
Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)
…impact assessments (DPIAs) for any features likely to be accessed by kids (i.e., all features), provide a “report of the assessment” to the CPPA, and update the DPIA at least…
Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? (Analysis of CA AB587)
…service would have to build different reporting schemes to comply with the different laws. Multiply this times many other states, and the reporting burden becomes overwhelming. Conclusion Stepping back from…
Quick Links from the Past Year, Part 5 (Free Speech)
…removing Facebook comments critical of the department. This reverses a bad magistrate report holding that the police department’s social media policy survived strict scrutiny. * Federal Elections Commission MURs 7821,…