Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania
This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists….
Government Submissions to a Trusted Flagger Program Aren’t Unconstitutional Jawboning–O’Handley v. Weber
I previously described the plaintiff in this case, Rogan O’Handley, as: a California lawyer with elite credentials (UChicago Law, practice experience as a corporate finance and entertainment attorney) who nevertheless…
Section 230 Protects BBB from Liability for Consumer Complaints–Amuze v. BBB
Amuze is an online clothing retailer. Consumers left negative reviews of Amuze at the Better Business Bureau of Greater Maryland (BBB-GM) website. (This page?) Amuze sued BBB and BBB-GM for…
YouTuber Owes Money to YouTube for Ill-Conceived Deplatforming Lawsuit–Daniels v. Alphabet
Daniels goes by the name “Young Pharaoh.” [An aside: how do you feel about the “pharaoh” invocation? Their empires relied upon slavery, so it seems troubling to me.] He claims…
My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry
I’m pleased to share a draft of a new paper, “A SAD New Category of Abusive Intellectual Property Litigation.” The abstract: This paper describes a sophisticated but underreported system of…
YouTube Defeats Trademark Lawsuit–Lops v. YouTube
Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe…
Consumers Don’t Think Plant-Based “Milks” Are Cowmilk, But the FDA Wants More Disclosures Anyway
…understand the nutritional differences between milk and plant-based milk alternatives.” This already exposes some of the FDA”s nomenclature troubles, because its baseline of a generic “milk” subsumes many different dairy…
Ripoff Report Gets a Pricey Lesson on Section 230–Selker v. Xcentric
I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018?). In this case, the plaintiff alleges that someone posted…
Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits
In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. It represents a rare federal intervention into contract law,…
Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional
I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance…