Conservative's Lawsuit Over Google Deindexing Fails--DJ Lincoln v. Google

Conservative’s Lawsuit Over Google Deindexing Fails–DJ Lincoln v. Google

This is yet another #MAGA lawsuit. The plaintiff claimed that Google deindexed conservatives in a biased way. This particular plaintiff chose perhaps the least likely path to advance that claim, emphasizing RICO claims. As we all know, it’s never civil…

Second Circuit Rejects an Account Termination Lawsuit...Again (Phew!)--Domen v. Vimeo

Second Circuit Rejects an Account Termination Lawsuit…Again (Phew!)–Domen v. Vimeo

Domen posted videos advocating for sexual orientation change efforts (SOCE). Vimeo terminated his account. Domen sued Vimeo for the termination, alleging that it discriminated against him. The district court dismissed Domen’s complaint. The Second Circuit affirmed, in a precedent-setting opinion…

New Essay: “Five Things to Know About Section 230”

At the request of Centre for International Governance Innovation (CIGI), a Canadian think-tank, I wrote a short essay called “Five Things to Know About Section 230.” It’s a brief-and-breezy overview of Section 230 to get Canadian readers up-to-speed on our…

DC Circuit Upholds Airbnb's TOS--Selden v. Airbnb

DC Circuit Upholds Airbnb’s TOS–Selden v. Airbnb

Selden sued Airbnb for racial discrimination. Airbnb invoked its arbitration clause. Five years ago, the district court sent the case to arbitration. Selden lost the arbitration because a room in an owner-occupied, single-family residence isn’t a public accommodation (similar to…

ADA Doesn’t Apply to Newspaper’s Website–Suris v. Gannett

The plaintiff is deaf. He tried to watch videos on the USA Today website but couldn’t due to the lack of closed captioning. USA Today defended on the grounds that its website isn’t a place of public accommodation. The court…

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Advertising/E-Commerce * Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. While such social media posts may not have the…

Trump Defeats Lawsuit Over Manipulated Viral Video He Tweeted--Cisneros v. Cook

Trump Defeats Lawsuit Over Manipulated Viral Video He Tweeted–Cisneros v. Cook

This case relates to a joyous and heartwarming video you’ve probably seen, where two 2-year-old boys–one black, one white–run up to each other, give each other a big hug like they are long-lost friends, and then run down the sidewalk…

Comments on Trump's Lawsuits Against YouTube, Facebook, and Twitter

Comments on Trump’s Lawsuits Against YouTube, Facebook, and Twitter

When Trump signed his anti-230 EO in May 2020, I was immediately overwhelmed with media calls all asking the same basic question: this is garbage, right? We now have the final answer to that question. As I and others predicted…

1H 2021 Quick Links, Part 3 (Content Moderation, Censorship, Privacy, & More)

Content Moderation * NYT: Inside Twitter’s Decision to Cut Off Trump * Axios: All the platforms that have banned or restricted Trump so far * NY Times: What Happened When Trump Was Banned on Social Media * NY Times: Mark…

Demonetized YouTuber Loses Lawsuit--Daniels v. Alphabet

Demonetized YouTuber Loses Lawsuit–Daniels v. Alphabet

Daniels is a YouTuber apparently of the #MAGA persuasion. Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to…