Account Suspension Lawsuit Against Twitter Survives Motion to Dismiss--Berenson v. Twitter

Account Suspension Lawsuit Against Twitter Survives Motion to Dismiss–Berenson v. Twitter

This case involves Alex Berenson, a one-time NY Times reporter who drifted into #MAGAland. On Twitter and elsewhere, Berenson downplayed the risks of COVID and questioned the safety of the COVID vaccines. Unlike most Twitter users, Berenson was high-profile enough…

Section 230 Helps Facebook Defeat Lawsuit Over Scam Ads--Calise v. Meta

Section 230 Helps Facebook Defeat Lawsuit Over Scam Ads–Calise v. Meta

The plaintiffs allege that Facebook runs third-party ads for scammy third-party merchant websites. One plaintiff claims a merchant didn’t send the ordered goods as described. Another plaintiff claimed that a merchant never sent any goods at all. The plaintiffs sued…

Another Failed Lawsuit Over Facebook's Content Removals--Brock v. Zuckerberg

Another Failed Lawsuit Over Facebook’s Content Removals–Brock v. Zuckerberg

Facebook allegedly removed 30+ of the plaintiff’s posts. The plaintiff sued Facebook for constitutional violations and other claims. The district court dismissed the lawsuit. The Second Circuit affirms. State Action.┬áBrock argued that Facebook is a state actor because it is…

Catching Up on a FOSTA Case--ML v. Craigslist

Catching Up on a FOSTA Case–ML v. Craigslist

This is one of many FOSTA cases in process. They are all quite complicated and hard to understand. This particular lawsuit targets Craigslist even though Craigslist shut down its adult services category in 2010, eight years before FOSTA was enacted,…

Catching Up on the Challenge to Texas' Social Media Censorship Law--NetChoice v. Paxton

Catching Up on the Challenge to Texas’ Social Media Censorship Law–NetChoice v. Paxton

I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. I recently rounded up the Texas opening brief and its supporting amici briefs. In this post, I’ll round up the…

Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit--Facebook v. Doe

Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Doe

After Facebook ill-advisedly helped FOSTA pass, in 2018 it was sued using FOSTA for facilitating sex trafficking in Texas state court. Facebook tried to end the lawsuit using Section 230. This resulted in a Texas Supreme Court opinion reluctantly granting…

Facebook Defeats Lawsuit Over Its Failure to Explain an Account Termination–King v. Facebook

This is another one of the many unsuccessful lawsuits over online account terminations. The court previously rejected most of this lawsuit on a mix of Section 230 grounds and the prima facie elements, but permitted the plaintiff to try again…

Section 230 Doesn't Protect Quote-Tweeting--US Dominion v. Byrne

Section 230 Doesn’t Protect Quote-Tweeting–US Dominion v. Byrne

This is one of the many cases related to Trump’s coup attempt. Byrne, the former CEO of Overstock (a store I will never shop at), made many posts about Dominion’s voting machines and alleged election fraud. Dominion sued Byrne for…

Poorly Executed "Sign-in-Wrap" Contract Formation Process Fails--Berman v. Freedom Financial

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. Freedom Financial Network, LLC. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking…

Does Snapchat's Speed Filter Cause Car Accidents?--Lemmon v. Snap

Does Snapchat’s Speed Filter Cause Car Accidents?–Lemmon v. Snap

Last year, the Ninth Circuit issued a confusing ruling in Lemmon v. Snap, holding that Section 230 did not apply to the plaintiffs’ allegations that Snapchat’s speed filter caused a terrible car accident, irrespective of whether or not the users…