Section 230 Applies to Scammy Ads–Glazer v. Facebook
The plaintiff is octogenarian Barry Glazer, an attorney who has a fascinating history of running TV ads and who sells merch at his website that includes his tagline “Don’t urinate on my leg and tell me it’s raining.” [Note: If…
Section 230 Preempts Predator Access Claims Against Apple, Snap, and Verizon–Joan Doe v. Snap
This blog post addresses a specific genre of Section 230 litigation that I call “predator access” cases. The cases involve a victim with an online profile who connects with a criminal who commits sexual abuse. The victim is often underage,…
Online TOS Formation Cases Make My Head Hurt
Coverage of two TOS formation cases that hit my alerts this week. Walsh v. Dollar Tree Store, Inc., 2025 WL 2939229 (S.D. Cal. Oct. 16, 2025) Dollar Tree required all website visitors to navigate through an interstitial cookie wall before…
If You Could Cast a Spell to Create a New Law School Course, What Would You Create?
I have completed an epic academic administration quest. 🧙♂️🎲 I’m proud to be at an institution where it’s possible to create a course like this, and I’m excited for the students who will benefit from taking this course. The official…
My Testimony Against Mandatory Online Age Authentication
I recently gave oral testimony to a committee of the New Zealand Parliament doing an inquiry into children’s harms online. My testimony was capped at 10 minutes, so I distilled my remarks into my 13 top objections to mandatory online…
District of New Jersey Adopts SAD Scheme Standing Order
[A reminder that I am collecting SAD Scheme standing orders. If you have seen one, can you please email it to me even if you think I might have seen it before? TIA.] In re: “Schedule A” Cases Standing Order…
Patient’s Negative Review of Her Dentist Wasn’t a “Matter of Public Concern”–J&D Dental v. Hou
Over a dozen years ago, I did a whole thing about healthcare providers suing their patients for defamation. I helped build the DoctoredReviews website to advocate against Medical Justice’s weaponization of copyright and contracts to get around Section 230. I…
The Wrap Taxonomy Vexes the Judge in the LinkedIn Insight Tag Cases
In the LinkedIn “Insight Tag” cases, Judge Davila issued two opinions where he classified UIs into the Wrap Taxonomy–and left a trail of appeallable issues in his wake. L.W.A. v. LinkedIn Corp., 2025 WL 2780788 (N.D. Cal. Sept. 30, 2025)…
Court “Sanctions” SAD Scheme Judge Shopping—Crimpit v. Schedule A Defendants
Another SAD Scheme plaintiff has been caught judge-shopping. The court’s timeline: March 10, 2025: plaintiff files a SAD Scheme complaint in SDFla, Miami division, that is assigned to Judge Ruiz. March 12, 2025: plaintiff files the sealed Schedule A enumerating…
Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta
This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the 9th Circuit ruling enables plaintiffs to plead around Section 230…