Section 230 Applies to Defend Trade Secret Act Claims–Craft Beer Stellar v. Glassdoor

Glassdoor is a consumer review site for employees reviewing employers. The plaintiff in this case is a franchisor. Purported employees of a franchisee posted six negative reviews about the franchisee on Glassdoor. The reviews mentioned the francishor’s CEO,¬† Suzanne Schalow,…

FOSTA Doesn't Help Pro Se Litigant's Defamation Claim Against Facebook

FOSTA Doesn’t Help Pro Se Litigant’s Defamation Claim Against Facebook

This is a typical pro se defamation lawsuit against Facebook. The plaintiff claims that other Facebook users defamed him in a Facebook group. The court treats this as an easy Section 230 case. The court applies the standard three-part test…

Constitutional Challenge to FOSTA Dismissed for Lack of Standing (Guest Blog Post)

Constitutional Challenge to FOSTA Dismissed for Lack of Standing (Guest Blog Post)

by guest blogger Alex F. Levy On September 24, 2018, the U.S. District Court of the District of Columbia dismissed a case challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). FOSTA, which…

Blogger Defeats Defamation Claims Over Posts Claiming a “Scam”–RainSoft v. MacFarland

Brian MacFarland runs a blog, lazymanandmoney.com. For his own home, he held an in-home demonstration of a RainSoft water softener system by Oster, a salesperson at a local distributor, Basement Technologies. (I’m not sure about that brand!). MacFarland was skeptical…

Good News! USMCA (a/k/a NAFTA 2.0) Embraces Section 230-Like Internet Immunity

There’s a lot to digest in the USMCA, the NAFTA 2.0 replacement that shall not be called NAFTA. This post focuses on one piece: USMCA Article 19.17 requires its signatories to adopt Internet immunity provisions similar to Section 230. (I…

Another Social Media “Material Support to Terrorists” Lawsuit Fails–Cain v. Twitter

This is one of the many cases against social media platforms alleging that they provided “material support” to terrorists. As a group, these lawsuits have gone nowhere, and this one doesn’t either. ATA Direct Liability. As with other cases, the…

Twitter Isn't Liable for Impersonation Account--Dehen v. Doe

Twitter Isn’t Liable for Impersonation Account–Dehen v. Doe

Tiffany Dehen is a 2016 alumna of University of San Diego’s law school. Her website declares that she is “a true American and Patriotic Trump Supporter,” and her photo album includes a photo of her smiling with¬†Dinesh D’Souza. She claims…

Section 230’s Success in Under-the-Radar Cases

For every high-stakes Section 230 case that gets widespread coverage, I see many other low-profile cases–often pro se–where Section 230 works as we all expect. These rulings usually aren’t super-interesting because they confirm the status quo. However, they provide a…

Vermont’s “Revenge Porn” Crime Survives Constitutional Challenge–State v. VanBuren

Like many other states, Vermont has a relatively new crime against nonconsensual pornography (NCP) dissemination. A lower court ruled that the crime was facially unconstitutional. The state appealed. In this ruling, the Vermont Supreme Court grants the “extraordinary” relief of…

California Lawmakers Want a Study of Fake News (If Someone Else Pays for It)

“Fake news” is a defining fear about our post-factual Trumpian era, which makes it important enough (or perceived to be so) that government regulators surely must do something about it. In response, the California legislature, demonstrating its characteristic leadership on…