Buffalo’s Mass-Murder Leads to a Wrong Section 230 Decision–Jones v. Mean
You may recall the 2022 Buffalo mass-shooting, which was committed by a murderer responding to the “Great Replacement Theory.” (And yet, many people in the public eye keep referencing and evangelizing the theory despite its direct and repeated role in…
Fifth Circuit Once Again Disregards Supreme Court Precedent and Mangles Section 230–Free Speech Coalition v. Paxton
Texas passed a law (HB 1181) requiring pornographic websites to age-authenticate all users and then prevent minors from accessing online porn. If this sounds familiar, it’s because Congress passed functionally identical laws twice: the CDA in 1996 and the COPA…
Section 230 Doesn’t Apply to Sending Non-Consensual Pornography by Postal Mail–Doe v. Spencer
Spencer’s wife had an extra-marital affair with Doe. Doe sent “photographs and screen shots of sexually explicit images” to the wife. Spencer, the husband, came into possession of these materials via unspecified means. He assembled various collages of the images…
“Assuming Good Faith Online” Essay Published
I’m pleased to announce the publication of my essay, “Assuming Good Faith Online,” in the Journal of Online Trust and Safety. The published version. This essay has had a more convoluted publication history than most. I initially drafted it in…
Court Preliminarily Enjoins Ohio’s Law Requiring Parental Consent for Children’s Social Media Usage–NetChoice v. Yost
[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] I previously blogged the…
Comments on the NetChoice/Moody/Paxton SCOTUS Oral Arguments
In 2021, Florida and Texas enacted “social media censorship” laws. These laws were never serious policy proposals; instead, the legislatures simply wanted to signal to voters that they hated “Big Tech.” The laws assembled a multitude of disparate policy ideas…
Snapchat Isn’t Liable for Offline Sexual Abuse–VV v. Meta
According to the complaint, a 12-year-old girl made a Snapchat account, connected with sexual predators on Snapchat, met them offline, and was sexually abused. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds. The contested issue…
The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)
by guest blogger Prof. Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post, along with the attached meme. Otherwise, I generally try to avoid the DSA because it is so long, complicated, and mind-bending. To…
YouTube Still Isn’t a State Actor–Albertson v. Google
This year, the Supreme Court is expected to issue an opinion on jawboning and its implications for when Internet services may become state actors because of such government pressure. Until then, plaintiffs will keep losing lawsuits that claim Internet services…
Online Marketplace Defeats Lawsuit Over Murder–Roland v. Letgo
I previously summarized this case: This is a tragic case involving the marketplace app Letgo. Using an alias, Brown listed a stolen car for sale on the app. The Rolands agreed to meet Brown in person to buy the car….