Florida Social Media Censorship Law ENJOINED–NetChoice v. Moody
…censorial regulations as pro-free speech are actually trampling on the Constitution. The judge starts by rejecting three arguments for reduced First Amendment scrutiny. First, the judge dismisses any state action…
Court Rejects Lawsuit Alleging YouTube Engaged in Racially Biased Content Moderation–Newman v. Google
…state action. The court responds: “Section 230 lacks the necessary coercive features that the United States Supreme Court has identified as the hallmark of coerced private state action” (cite to…
Yet Another Court Says Facebook Isn’t a State Actor–Brock v. Zuckerberg
…entities have traditionally performed.” Prager Univ., 951 F.3d at 998 (quoting Halleck, 139 S. Ct. at 1930). Thus, Plaintiff may not “avoid the state action question” by claiming that Facebook…
31 Bogus Passages from Florida’s Defense of Its Censorship Law–NetChoice v. Moody
…if true, statutory immunities don’t magically convert private actor beneficiaries into state actors. State action isn’t a switch that flips that easily. 11. “there is nevertheless state action to whatever…
YouTube (Again) Defeats Lawsuit Over Content Removal–Lewis v. Google
…counsel was Andrew Martin of Martin and Peters PLLC. 💯 Case citation: Lewis v. Google LLC, 2021 WL 1423118 (9th Cir. April 15, 2021) Selected Related Posts About State Action…
When It Came to @RealDonaldTrump, Twitter Couldn’t Please Everyone–Rutenberg v. Twitter
…and losers. Case citation: Rutenberg v. Twitter, Inc., 2021 WL 1338958 (N.D. Cal. April 9, 2021). Prior denial of plaintiff’s TRO request. The complaint. Selected Related Posts About State Action…
Another Must-Carry Lawsuit Against YouTube Fails–Daniels v Alphabet
…Now, they are working–again unsuccessfully–to impose censorial must-carry obligations on Internet services. The opinion covers the standard ground. A couple things to note: State Action. Daniels claimed that censorial exhortations…
State Legislator Doesn’t Understand That He Works for the Government–Attwood v. Clemons
…claimed that state legislators’ speech is always private speech and not state action. Say what now? It’s Civics 101 that when taxpayers pay his salary, Clemons’ work is state action….
Newspaper Isn’t State Actor–Plotkin v. Astorian
…v. The Astorian, 2021 WL 864946 (D. Ore. March 8, 2021). The complaint. Selected Related Posts About State Action Claims An Account Suspension Case Fails Again–Perez v. LinkedIn Are Social…
Congressional Jawboning of Internet Services Isn’t Actionable–AAPS v. Schiff
…good governance. However, interposing state action from jawboning is an even worse resolution. The court doesn’t directly discuss when a Congressmember’s exhortations can convert the actions of the Internet services…