Is Google's Search Engine a "Common Carrier"? (Seriously???)--Ohio ex rel Yost v. Google

Is Google’s Search Engine a “Common Carrier”? (Seriously???)–Ohio ex rel Yost v. Google

This is a crazy case. Ohio AG Yost claims that Google’s search engine is a common carrier and a public utility. Nominally, his goal is to redress Google self-preferencing, but that’s a transparently pretextual excuse to censor search results and…

Big Ruling for Free Speech: Most of Florida's Social Media Censorship Law (SB 7072) Remains Enjoined--NetChoice v. Attorney General

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

On Monday, a unanimous three-judge panel of the 11th Circuit issued an important Internet free speech opinion, NetChoice v. Attorney General (a/k/a NetChoice v. Moody). The opinion holds that the key parts of Florida’s social media censorship law (SB 7072)…

Rounding Up the Supreme Court Briefs in NetChoice v. Paxton, the Challenge to Texas HB20's Social Media Censorship Law

Rounding Up the Supreme Court Briefs in NetChoice v. Paxton, the Challenge to Texas HB20’s Social Media Censorship Law

A quick recap: last summer, Texas passed HB20, a #MAGA messaging bill that poses existential threats to the Internet as we know it. NetChoice and CCIA led a lawsuit seeking to enjoin most of it. In December, the federal district…

Twitter Defeats Another Account Suspension Lawsuit--Al-Ahmed v Twitter

Twitter Defeats Another Account Suspension Lawsuit–Al-Ahmed v Twitter

This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. I’m going to focus solely on Twitter’s…

Another Failed Lawsuit Over Trump's Deplatforming--Rutenberg v. Twitter

Another Failed Lawsuit Over Trump’s Deplatforming–Rutenberg v. Twitter

Rutenberg sued Twitter for deplatforming Trump because it deprived her of reading material she wanted. (In drafting this post, I tried to come up with a joke based on the prior sentence, but it’s already peak humor without any embellishment)….

My SCOTUS Amicus Brief on Texas HB20's Unconstitutional Transparency Requirements

My SCOTUS Amicus Brief on Texas HB20’s Unconstitutional Transparency Requirements

Last week, the Fifth Circuit Court of Appeals dissolved the existing injunction against Texas HB 20, the so-called social media censorship law, in a one-sentence order. The entire order says: “IT IS ORDERED that appellant’s opposed motion to stay preliminary…

Three More Yearbook/People Database Cases Signal Trouble for Defendants

Three More Yearbook/People Database Cases Signal Trouble for Defendants

Yearbook/people database opinions are being issued faster than I can blog them. They are not going well for defendants. The opinions are so lengthy and repetitive that I’m just going to cut-and-paste the parts I think are relatively noteworthy. Sorry…

If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow--Doe v. Roblox

If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox

This case involves Roblox, a virtual world. Allegedly, a majority of Roblox users are under 13. Roblox has an in-game currency, Robux. Users can manufacture virtual items in-game, and other users can buy those items using Robux, with Roblox taking…

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

by guest blogger Philip Favro Several recent court cases spotlight the challenges that messaging apps present in litigation. In particular, these cases show that messaging apps—whose features may cause message content to either be kept or deleted—have an outsized impact…

Section 230 Protects Retweeting--Banaian v. Bascom

Section 230 Protects Retweeting–Banaian v. Bascom

[I’m forestalling more analysis of the Texas social media censorship law until we get some clarity on what happened and what’s next.] A student hacked the school website and added scandalous content about a teacher, Debbie Banaian, a/k/a “Banaianator.” [Aside:…