Florida Social Media Censorship Law ENJOINED--NetChoice v. Moody

Florida Social Media Censorship Law ENJOINED–NetChoice v. Moody

A federal judge enjoined the key parts of Florida’s SB 7072, the embarrassingly censorial attempt to turn Internet services into common carriers. This outcome may have been expected given the tenor of the oral arguments and the law’s obvious status…

New Essay: "Regulating Internet Services by Size"

New Essay: “Regulating Internet Services by Size”

Jess Miers and I have published an essay called “Regulating Internet Services by Size,” part of a special CPI Antitrust Chronicle special issue on Section 230. Our essay does two main things. First, it explains different drafting choices for defining…

YouTube Defeats Lawsuit Over Threatening Content--Wells v. YouTube

YouTube Defeats Lawsuit Over Threatening Content–Wells v. YouTube

This is a pro se lawsuit. The plaintiff “contends that her image was posted on Defendant’s website in order to threaten her, that the image has been viewed millions of times, that she has ‘witnessed such threats/perceived threats’ as a…

Court Rejects Lawsuit Alleging YouTube Engaged in Racially Biased Content Moderation–Newman v. Google

Plaintiffs are African-American, Mexican, or Puerto Rican operators of YouTube channels, some of which were monetized. The plaintiffs claim the YouTube’s moderation practices targeted them based on their race, including putting their videos into Restricted Mode, demonetizing videos, and various…

Amicus Brief in Support of Florida's Social Media Censorship Law

Amicus Brief in Support of Florida’s Social Media Censorship Law

I previously blogged about the 5 amicus briefs filed in support of a preliminary injunction against Florida’s social media censorship law. Last week, an amicus brief came in favor of Florida and the censorship law from a pro se filer,…

Preliminary Injunction Hearing Against Florida's Social Media Censorship Law

Preliminary Injunction Hearing Against Florida’s Social Media Censorship Law

Today, Judge Hinkle heard oral arguments regarding a preliminary injunction against the Florida social media censorship law (SB 7072). I felt both sides accomplished their goals in oral advocacy. I didn’t agree with Florida’s counsel, but I thought he did…

Yet Another Court Says Facebook Isn't a State Actor--Brock v. Zuckerberg

Yet Another Court Says Facebook Isn’t a State Actor–Brock v. Zuckerberg

Facebook allegedly “censored” the plaintiff “at least 30 times.” Facebook flagged his content as spam, hate speech, abusive, and “partly false.” He sued Facebook for violating the First, Fifth, Sixth, and Fourteenth Amendments. He also claims Facebook “violated Plaintiff’s ‘right…

Domino Pizza’s Website Violated the Americans With Disabilities Act (ADA)–Robles v. Domino’s

This ruling follows up the precedent-setting 9th Circuit ruling from 2019, Robles v. Domino’s Pizza. The 9th Circuit held that the ADA applies to Domino‚Äôs website and app. The 9th Circuit remanded the case back to the district court to…

RedBubble Gets Another Favorable Ruling--YZ Productions v. RedBubble

RedBubble Gets Another Favorable Ruling–YZ Productions v. RedBubble

Rebecca Zamolo appears to be a YouTuber/influencer who merchandises her brand in multiple ways. She claims that RedBubble users are infringing her IP and counterfeiting her offerings. The complaint includes many images showing the alleged infringements, such as: The court…

Plaintiffs Fire Back Against Florida's Censorship Law--NetChoice v. Moody

Plaintiffs Fire Back Against Florida’s Censorship Law–NetChoice v. Moody

Some highlights and comments on the plaintiffs’ reply brief (see my post yesterday about the state’s attempted defense of the law). The intro: The State defends a law very different from the one Florida actually enacted. The Act does not…