Court Enjoins Texas' Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law--NetChoice v. Paxton

Court Enjoins Texas’ Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law–NetChoice v. Paxton

Earlier this year, the Texas legislature enacted HB 20, a blatant attempt to censor social media service. The Texas law emulated a similar Florida censorship law. In June, a Florida district court enjoined based on the First Amendment and Section…

Catching Up on NetChoice v. Paxton, the Challenge to Texas' Social Media Censorship Law

Catching Up on NetChoice v. Paxton, the Challenge to Texas’ Social Media Censorship Law

Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few…

City Government Can't Remove Off-Topic Comments From Its Social Media Page--Kimsey v. Sammamish

City Government Can’t Remove Off-Topic Comments From Its Social Media Page–Kimsey v. Sammamish

Sammamish is a city in the greater Seattle metro area. It operates a Facebook page entitled “City of Sammamish – Government.” City employees post about events, public safety, and more. The city also livestreamed its city council meetings on its…

One More Time: Facebook Isn't a State Actor--Atkinson v. Facebook

One More Time: Facebook Isn’t a State Actor–Atkinson v. Facebook

Cameron Atkinson self-describes as “a Christian, a trial and appellate lawyer at Pattis & Smith, LLC, a former business consultant, a published constitutional scholar, and a general hell-raiser.” Publicly testing his appellate/Conlaw chops and hell-raising skills, he took his own…

Section 230 Helps Facebook and TikTok Defeat Claim Over Harassment Campaign--Winter v. Facebook

Section 230 Helps Facebook and TikTok Defeat Claim Over Harassment Campaign–Winter v. Facebook

The plaintiffs claim a third party, Dolan, “engaged in a pattern of behavior that resulted in the harassment of the Plaintiffs on her social media accounts” due to “Facebook and TikTok’s failure to take down [ ] false abusive posts…

All of Trump's Social Media Lawsuits Now Have Been Transferred to the Defendants' Home Courts--Trump v. Facebook

All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v. Facebook

In July, Trump sued Twitter, YouTube, and Facebook for terminating his accounts in three separate doomed-to-fail lawsuits. The lawsuits were filed in Trump’s home court of Southern District of Florida. The three defendants all filed motions to transfer the cases…

Two More Courts Tell Litigants That Social Media Services Aren't State Actors

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors

Pro se litigants often claim that Internet services are state actors. Those claims have been universally rejected by courts. Yet some legislators and regulators, funded by our tax dollars, are taking the same meritless position… Sescey v. YouTube, 2021 WL…

Comments on HB 5502, the "INFORM" Act

Comments on HB 5502, the “INFORM” Act

Today, the House Energy and Commerce Committee is marking up the INFORM Act (I think this is the latest version but who knows). The INFORM Act is like a “know-your-customer” (KYC) law for sellers in online marketplaces. It iterates on…

My California Senate Judiciary Committee Testimony on Section 230 and State Regulation

My California Senate Judiciary Committee Testimony on Section 230 and State Regulation

Last week, the California Senate Judiciary Committee held an informational hearing entitled “State of Social Media Regulation: Misinformation, Exploitation, Harassment, and Radicalization.” I testified about Section 230’s applicability to state regulatory efforts. Spoiler: Section 230 forecloses many of the legislature’s…

Another Online Account Termination Case Fails--King v. Facebook

Another Online Account Termination Case Fails–King v. Facebook

The plaintiffs are Adrienne Sepaniak King and Christopher Edward Sepaniak King, a mother-son duo. The family that sues together stays together. Facebook terminated the mom’s account allegedly for violating Facebook’s community standards. Attempts to resurrect it were unsuccessful. The lawsuit…