When It Came to @RealDonaldTrump, Twitter Couldn't Please Everyone--Rutenberg v. Twitter

When It Came to @RealDonaldTrump, Twitter Couldn’t Please Everyone–Rutenberg v. Twitter

The plaintiff Maria Rutenberg (a lawyer, perhaps not surprisingly) was unhappy Twitter shut down the @realdonaldtrump account, which meant she lost the opportunity to read and engage with Trump’s tweets. So, represented by a lawyer (Mark Javitch), she sued Twitter…

Internet Feuds Are Basically Defamation-Free Warzones--Rapaport v. Barstool

Internet Feuds Are Basically Defamation-Free Warzones–Rapaport v. Barstool

[WARNING: this post contains coarser-than-usual content.] This case involves actor Michael Rapaport, who has appeared in many popular TV shows and movies. Apparently he’s edgy in real life, which he demonstrated through a CBS Radio show. Barstool Productions “has cultivated…

Deconstructing Justice Thomas' Pro-Censorship Statement in Knight First Amendment v. Trump

Deconstructing Justice Thomas’ Pro-Censorship Statement in Knight First Amendment v. Trump

Last week, the Supreme Court vacated the Second Circuit’s Knight v. Trump ruling. The Second Circuit held that Trump violated the First Amendment when he blocked other Twitter users from engaging with his @realdonaldtrump account. Other courts are holding that…

Section 230 Preempts Contract Breach Claims--Morton v. Twitter

Section 230 Preempts Contract Breach Claims–Morton v. Twitter

This case involves the model Genevieve Morton. She created nude images and sold them at her website. An interloper, SpyIRL, tweeted some of the images. Morton asked Twitter to remove the images and suspend the accounts. Twitter removed the images…

Another Must-Carry Lawsuit Against YouTube Fails--Daniels v Alphabet

Another Must-Carry Lawsuit Against YouTube Fails–Daniels v Alphabet

[I’ll discuss Justice Thomas’ latest bonkers statement later this week] Daniels, a/k/a “Young Pharoah,” posted videos to YouTube, apparently of the #MAGA genre. YouTube removed some videos, allegedly “shadowbanned” him (again, I raise questions whether that’s the appropriate term here),…

Snapchat Photos Don’t Constitute “Virtual” Physical Presence–People v. White

The defendant was a high school teacher and coach. She sent photos to one of her students, WB, via Snapchat. The court says WB and the defendant never discussed the photos. The court describes the photos as “somewhat risqué” because…

Facebook Defeats Lawsuit Over Alleged 'Shadowbanning'--De Souza Millan v. Facebook

Facebook Defeats Lawsuit Over Alleged ‘Shadowbanning’–De Souza Millan v. Facebook

The term “shadowbanning” does not have a single well-accepted definition. In my Content Moderation Remedies paper, I say: “A shadowban keeps a user’s account active, but only the accountholder can see the content.” However, others sometimes use the term as…

New Article: "Content Moderation Remedies"

New Article: “Content Moderation Remedies”

I’m excited to share my latest paper, called “Content Moderation Remedies.” I’ve been working on this project 2+ years, and this is the first time I’m sharing the draft publicly. I think many of you will find it interesting, so…

State Legislator Doesn't Understand That He Works for the Government--Attwood v. Clemons

State Legislator Doesn’t Understand That He Works for the Government–Attwood v. Clemons

Florida Rep. Chuck Clemons has a Twitter account. A constituent, Attwood, tweeted at him that he opposed Clemons’ position on a gun reform bill. Clemons felt the tweet was aggressive. Clemons reviewed Attwood’s tweets, saw profane tweets directed at other…

Star Rating at Google Review Isn't Defamatory--Gursten v. Doe 1

Star Rating at Google Review Isn’t Defamatory–Gursten v. Doe 1

The plaintiff is a lawyer. Doe 2, under the pseudonym “Patrick Anderson,” left a one-star rating for the lawyer (without any explanatory text) on the lawyer’s Google Review page. The plaintiff protested that he never had a client named Patrick…