
The Ninth Circuit Finds Two New Ways to Undermine Section 230–Doe v. Twitter
The Ninth Circuit swiss-cheesed Section 230 with two new exceptions. 📉 * * * This is a FOSTA case. The plaintiffs allege that “traffickers” coerced the victims to produce CSAM, then posted the materials to Twitter. The plaintiffs further allege…

Comments on Setting Patent Fees Based on Their Value
The Trump administration is floating the idea of tying patent fees to the value of the patent. Details are sketchy right now, and who knows if this is a serious proposal or a one-news-cycle blip. In any case, some comments…

Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post
By Guest Blogger Tyler Ochoa Four years ago, NFTs were the hottest collectibles on the market and were being touted as the NBT (Next Big Thing). People were paying tens of thousands, or in some cases millions, of dollars (or…

Announcing the 2025 Edition of My Internet Law Casebook
I’m pleased to announce the 2025 edition (16th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available in multiple formats: a PDF for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover version for $28….

Apply To Become My Colleague! Santa Clara Law Is Hiring Tenure-Line Faculty
An introductory note from my colleague Prof. Michelle Oberman, who is chairing our appointments committee: Excited to announce that SCU law is hiring both entry-level and lateral tenure stream faculty. See below for details about the scope of our search–it’s…

Social Media Services Aren’t Liable for Buffalo Mass-Shooting–Patterson v. Meta
The New York state intermediate appeals court has issued a significant ruling dismissing four lawsuits that sought to hold many social media services (Facebook, Instagram, Snap, Google, YouTube, Discord, Reddit, Twitch, Amazon and 4Chan) liable for the 2022 Buffalo mass-shooting….

Trump Lost the Trump Tapes Ruling, But Could He Still Prevail? (Guest Blog Post)
by guest blogger Tim McFarlin Is the Trump Tapes suit truly over? It’s been dismissed, but not without leave to move to amend for a third time. Would another amended complaint stand a chance? This question is why I’ve accepted…

Trump’s Lawsuit Over The Trump Tapes is Dismissed (Trump v. Simon & Schuster) — Guest Blog PostÂ
By Guest Blogger Tyler Ochoa [UPDATE: for bonus coverage, see Prof. McFarlin’s supplement to this post.] Last week, a federal judge in New York dismissed a lawsuit filed two-and-a-half years ago by then-former President Donald Trump against journalist Bob Woodward…

The Second Circuit Is Done With Meta Pixels VPPA Cases–Hughes v. NFL
In May 2025, the Second Circuit rejected a Meta Pixels case based on the VPPA. See Solomon v. Flipps. Another VPPA Meta Pixels case came back to the Second Circuit, and it only took a short memo opinion to dismiss…

Rounding Up Three Recent Section 230 Decisions
I’m trying to clear my blogging queue that backlogged during my China trip. Here are three Section 230 decisions from the last few weeks. Geegieh v. Unknown Parties, 2025 WL 1769766 (D. Ariz. June 26, 2025) The plaintiff claims that…