Section 230 Still Applies to User Reviews–Daniloff v. Google
It’s well-settled law that Section 230 protects review services for tortious user reviews. The Ninth Circuit told us this in 2016 (in Kimzey v. Yelp), but the caselaw was already clear by then. Yet, here we are in 2023, still…
University-Operated Twitter Account is a Limited Public Forum–Gilley v. Stabin
This lawsuit involves the @UOEquity Twitter account, operated by the University of Oregon’s Division of Equity and Inclusion. During the relevant time period, tova stabin (who styles her name in lowercase) was the communications manager running the account. The account…
2022 Internet Law Year-in-Review
Three dynamics combined to make 2022 a brutal year for Internet Law. First, the techlash is taking its toll. There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control….
Fourth Circuit’s 230 Meltdown Gives Plaintiffs False Hope–Divino v. Google
Last year, in Henderson v. Source for Public Data, the Fourth Circuit issued a MAGAlicious Section 230 opinion that seemingly trashed 25 years of Fourth Circuit precedent. It was immediately obvious that plaintiffs would widely cite the ruling. However, so…
“Stop the Steal” Rally Attendee’s Defamation Claim Fails–Chad Burmeister v. Saldich
Chad Burmeister (no Chad jokes, please…no Karen jokes, either) attended the DC “Stop the Steal” rally on January 6, 2021. One of his LinkedIn contacts noisily dropped him as a contact, saying: Normally I’d stay away from political commentary on…
Section 230 Protects Services That Permit Anonymous Third-Party Posts–Bride v. Snap
This case involves two “anonymous messaging” apps, Yolo and LMK. Both allegedly target teens audiences. “Plaintiffs allege they received harassing messages in response to their benign posts on Defendants’ applications and did not receive comparable messages on other platforms in…
My Amicus Brief in Gonzalez v. Google
Internet Law is in play at the U.S. Supreme Court, as they will likely hear at least four cases this term. (A possible fifth is the 303 Creative case). The four cases: Gonzalez v. Google, over whether Section 230 applies…
Man Convicted for Asking for CSAM on Mom Blogs–US v. Moran
Moran made several comments on generally-wholesome “mom blogs” asking moms to have their daughters create CSAM to his specifications. Among other crimes, he was prosecuted for attempted CSAM production. His defense was basically that it was so stupid to ask…
What Consequences for High School Freshmen’s Racist Online Petition?–Plaintiff A v. Park Hill School District
Yet another case involving high school students being disciplined for doing stupid things online. Ugh. This case involves high school freshmen at a Missouri public school. In September 2021, while riding on a school bus to a football game, Plaintiff…
Facebook Defeats Lawsuit Over Account Suspension for a Voting Misinformation “Joke”–Hall v. Meta
James A. (Jim) Hall was a candidate for the Arkansas House of Representatives. Right before the November 2022 election, Facebook temporarily suspended his account, cutting off his access to 2.5k friends/followers. This sounds like a potentially problematic move by Facebook,…