FOSTA Constitutional Challenge Revived--Woodhull Freedom Foundation v. US

FOSTA Constitutional Challenge Revived–Woodhull Freedom Foundation v. US

The DC Circuit revived the EFF-led constitutional challenge to FOSTA, holding that at least two of the plaintiffs have standing. This raises the specter that key parts of FOSTA might still be struck down as unconstitutional. Among other things, FOSTA…

Facebook Still Isn't Obligated to Publish Russian Troll Content--FAN v. Facebook

Facebook Still Isn’t Obligated to Publish Russian Troll Content–FAN v. Facebook

In response to Russian interference with our 2016 presidential elections, Facebook belatedly purged content that it believed came from Russian trolls. That crackdown shut down the account of the “Federal Agency of News” (FAN), which allegedly has ties to Russia’s…

Vimeo Defeats Lawsuit for Terminating Account That Posted Conversion Therapy Videos--Domen v. Vimeo

Vimeo Defeats Lawsuit for Terminating Account That Posted Conversion Therapy Videos–Domen v. Vimeo

Domen characterizes himself as a “former homosexual” who has now embraced heterosexuality. Domen (through his organization Church United) published 89 videos on Vimeo. Vimeo flagged the videos as violating its policy against the promotion of “Sexual Orientation Change Efforts (SOCE),”…

Website Denied Section 230 for No Good Reason, Wins the Case Anyways--DF Pace v. Baker-White

Website Denied Section 230 for No Good Reason, Wins the Case Anyways–DF Pace v. Baker-White

[Warning: long and sad blog post ahead. Get the tissues now] This case involves the Plain View Project, run by Injustice Watch. The PVP republishes social media posts by law enforcement officers that might signal racist, misogynist, or other discriminatory…

Top Internet Law Developments of 2019

Top Internet Law Developments of 2019

It’s increasingly hard to find good news in Internet law, so I organized this year’s Internet Law roundup by categories of doom. Trigger warning: you should grab some tissues before proceeding. Doomed (in a Bad Way) Doomed: User-Generated Content. It…

New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post)

New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post)

by guest blogger Alex Yelderman In the year and two-thirds since it was signed into law, FOSTA has reputedly shattered online networks that sex workers relied upon to keep safe, crippled human trafficking investigations, and scared websites into taking down…

Maryland Disclosure Requirements for Online Political Ads Violates the First Amendment--Washington Post v. McManus

Maryland Disclosure Requirements for Online Political Ads Violates the First Amendment–Washington Post v. McManus

In 2018, Maryland passed the “Online Electioneering Transparency and Accountability Act”. The act broadened the reach of Maryland’s  political advertising rules to cover online advertisements and “online platforms”. It required publishers to publish somewhere on their sites the following information…

Breach of Contract/Promissory Estoppel Claims Bypass Section 230 But Fail Anyways—Yue v. Miao

Breach of Contract/Promissory Estoppel Claims Bypass Section 230 But Fail Anyways—Yue v. Miao

(Sometimes Westlaw indexes magistrate reports only after the district court judge acts on them, which I what I think happened here). Miao ran a Chinese language social media site called “bian-wang.com.” Yue operated a rival service. Miao allegedly secretly poached…

Twelfth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Retana v. Twitter

The court’s opening paragraph pretty much says it all: This case is the latest in a string of lawsuits that Plaintiffs’ lawyers have brought in an attempt to hold social media platforms responsible for tragic shootings and attacks across this…

Notifying Twitter of TOS Violations Isn't Tortious Interference--Illoominate v. CAIR

Notifying Twitter of TOS Violations Isn’t Tortious Interference–Illoominate v. CAIR

Wikipedia describes Laura Loomer as a “conspiracy theorist.” Twitter banned her in 2018. I previously blogged on Loomer’s unsuccessful antitrust case against Twitter and other social media platforms. In this lawsuit, she seeks to hold CAIR responsible for her Twitter…