School Can Discipline Student for Impersonating Teacher Online, Even if Other Students Added the Worst Content--Kutchinski v. Freeland School District

School Can Discipline Student for Impersonating Teacher Online, Even if Other Students Added the Worst Content–Kutchinski v. Freeland School District

This case involves a 14 year old student HK (and his friends) who, while off-campus, thought it would be funny to create a fake Instagram profile of his biology teacher, Schmidt. I’ve blogged SO MANY similar cases since 2005 (see…

Another Account Suspension Case Yeeted--Rangel v. Dorsey

Another Account Suspension Case Yeeted–Rangel v. Dorsey

Rangel has the Twitter alias “religiouserpico”: Twitter suspended him after he tweeted “HANG THEM ALL” (did God approve that???). He sued pro se. The court yeets his lawsuit. Claim Against Jack Dorsey. “Out of millions of Twitter accounts, it is…

Omegle Denied Section 230 Dismissal--AM v. Omegle

Omegle Denied Section 230 Dismissal–AM v. Omegle

The court summarizes the facts: A.M. was eleven years old in 2014 when Omegle, a “free online chat room that randomly pairs strangers from around the world for one-on-one chats,” paired her with Ryan Fordyce, a man in his late…

Section 230 Doesn't Create a Cause of Action--Goodman v. Sharp

Section 230 Doesn’t Create a Cause of Action–Goodman v. Sharp

The underlying dispute involved a copyright and trademark enforcement action against Goodman over a parody/satire video. The court summarizes Goodman’s arguments in this collateral lawsuit: Plaintiff alleges that Defendants abused process and engaged in attorney misconduct when the Academies sued…

Quick Links from the Past Year, Part 7 (Section 230)

Quick Links from the Past Year, Part 7 (Section 230)

* FTC v. Match Group LLC, 2022 WL 877107 (N.D. Tex. March 24, 2022). A rare and surprisingly bad loss for the FTC on Section 230. The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many…

Snapchat Isn't Liable for a Teacher's Sexual Predation--Doe v. Snap

Snapchat Isn’t Liable for a Teacher’s Sexual Predation–Doe v. Snap

A high school teacher allegedly used Snapchat to groom a sophomore student for a sexual relationship. (Atypically, the teacher was female and the victim was male, but the genders are irrelevant to this incident). Among other defendants, the victim sued…

Another Court Says Section 230 Applies to Retweeting--Holmok v. Burke

Another Court Says Section 230 Applies to Retweeting–Holmok v. Burke

Holmok teaches at Lakewood High School. Virag tweeted: “When I was in his engineering class, I had been a part of a few reports filed against him. Some being racial and some being sexist. Nothing was ever done.” Burke retweeted…

Quantifying the Media's Section 230 Misreporting in 2020

Quantifying the Media’s Section 230 Misreporting in 2020

2020 was filled with terrible memories, including the COVID pandemic/shutdown and Trump’s coup attempt, so it’s easy to forget how close we came to losing Section 230. In May 2020, Trump issued his performative executive order purporting to repeal Section…

Quick Links from the Past Year, Part 2 (Copyright)

* Hebenstreit v. Merchants Bank of Indiana, 1:18-cv-00056-JPH-DLP (S.D. Ind. Aug. 26, 2021). A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in…

Uber Isn’t Liable for Rapes Committed By Fake Drivers–Doe 1 v. Uber

Rapists pretended to be Uber drivers, picked up women under false pretenses, and raped them. As the court summarizes, “Jane Does seek to hold Uber liable for failing to warn them about or implement other measures to protect them against…