Section 230 Applies to Police Union’s Message Board–Desilet v. East Hartford Police Officers’ Association
Courtney Desilet was a police officer for the East Hartford police department. She alleges she was the victim of workplace discrimination and harassment. Her allegations sparked chatter on the union’s…
2H 2022 Quick Links, Part 3 (Copyrights and More)
Copyright * Wallster, Inc. v. Redbubble, Inc., 2022 U.S. Dist. LEXIS 198181 (C.D. Cal. Oct. 21, 2022): this Court rejects Wallshoppe’s argument that recklessness is enough to meet the knowledge…
2H 2022 Quick Links, Part 2 (Trademarks)
Trademark * Illinois’ Fair Food and Retail Delivery Act: “A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant,…
High School Students Can Be Disciplined for Racist Private Instagram Account–Chen v. Albany School District
The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit…
Conflicting Terms of Service Provisions Undermine Arbitration Clause–Suski v. Coinbase
…it’s worth having on a checklist. [Eric’s comment: another option would be to use the identical arbitration provisions in every TOS. It’s easy enough to cut-and-paste from one document to…
2H 2022 Quick Links, Part 1 (Marketing, Privacy)
Marketing * FTC cracks down on live reads on the radio. * NY Times: Meta Agrees to Alter Ad Technology in Settlement With U.S. * Comcast v. Comptroller, No. C-02-cv-02-10509…
My Trustcon 2022 Keynote Talk
In September, I attended Trustcon, the first annual membership conference for the Trust & Safety Professional Association (TSPA), followed by Stanford Internet Observatory’s first Trust & Safety Research Conference (co-sponsored…
FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)
This is a consumer protection lawsuit against FitBit, now owned by Google. Google sought to send the case to arbitration based on the TOS provisions. The court sees this as…
Ninth Circuit Easily Rejects Another Jawboning Case–Huber v. Biden
I previously described the case: Twitter suspended Huber pursuant to its COVID misinformation policy. Huber claimed that Twitter took that action in league with the Biden administration. If this setup…
Rounding Up Some Recent Editorial Transparency Developments
Editorial transparency is generating lots of legal activity. This post rounds up some recent developments. NetChoice v. Moody As expected, both sides appealed the 11th Circuit’s NetChoice v. FLA ruling…