Peloton Can't Bind All Family Members To Its Arbitration Provision--SS v. Peloton

Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton

This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom,…

Social Media Is Often a Defamation-Free Zone...But Not Always--Steak N Shake v. White

Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White

I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over social media content (e.g., Rapaport v. Barstool). Still, online defamation claims can succeed, as this case shows. But even if the plaintiff wins…

Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google

The plaintiffs are “conservative content creators” (i.e., QAnon enthusiasts) who posted videos to YouTube. YouTube suspended their accounts. The plaintiffs sued for First Amendment violations (presumably a 1983 claim). The court previously denied a TRO. YouTube now gets the case…

Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions--Martillo v. Facebook

Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. He sued for Title II discrimination. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ The statutory definition of a…

If "Trespass to Chattels" Isn't Limited to "Chattels," Anarchy Ensues--Best Carpet Values v. Google

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Trigger warning: this is a terrible opinion. Let’s hope the judge corrects his errors or that the appeals court does it for him. * * * This opinion addresses a venerable issue in Internet Law: can a website control how…

There Is No Bottom When It Comes to Section 230 Reform Proposals (Comments on the Justice Against Malicious Algorithms Act)

There Is No Bottom When It Comes to Section 230 Reform Proposals (Comments on the Justice Against Malicious Algorithms Act)

When I first saw the Justice Against Malicious Algorithms Act. my draft version didn’t identify its sponsors. I assumed it was yet another sloppy and unserious Section 230 reform proposal from representatives like Rep. Gosar or Gohmert. You can imagine…

Section 230 Protects Securities Exchange--Saveene v. Remo

Section 230 Protects Securities Exchange–Saveene v. Remo

This case involves an alleged case of corporate hijacking. The plaintiff alleges that it bought a controlling interest in a corporate entity opaquely named American Diversified Holdings Corp. (“ADHC”) from Remo. Remo then allegedly dissolved the Nevada entity and, without…

Announcing A Major Virtual Event, "Lessons from the First Internet Ages," on Nov. 2-3, 2021

Announcing A Major Virtual Event, “Lessons from the First Internet Ages,” on Nov. 2-3, 2021

This year, I have been serving as a Knight Foundation visiting scholar along with Prof. Mary Anne Franks of University of Miami. I’m excited to publicly announce our project. Working with the Knight Foundation team, including John Sands, we assembled…

Eleventh Circuit Rejects “Material Support for Terrorists” Case–Colon v. Twitter

This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. These cases have all failed–with the partial exception of the Ninth Circuit meltdown (3 judges; 3 opinions) in Gonzalez v. Google LLC,…

Cloudflare Isn't Liable for Providing Services to Alleged Infringers--Mon Cheri Bridals v. Cloudflare

Cloudflare Isn’t Liable for Providing Services to Alleged Infringers–Mon Cheri Bridals v. Cloudflare

The plaintiffs claim copyright ownership in wedding dress designs. They also claim that knockoff retailers are infringing those rights. Frustrated by the whack-a-mole enforcement efforts against individual retailers, the plaintiffs sued Cloudflare for providing support services to them, including caching,…