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…

Udemy Qualifies for 512(c) Safe Harbor for User-Uploaded Courses–Kinsley v. Udemy

This case involves two videos by Kinsley that third parties uploaded to the education site Udemy. Udemy promptly honored Kinsley’s takedown notices, but he sued anyways. In a fairly efficient opinion, the court grants summary judgment that Udemy qualifies for…

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…

Section 230 (Mostly) Protects Zoom from Liability for Zoombombing

Section 230 (Mostly) Protects Zoom from Liability for Zoombombing

This is a privacy class action against Zoom. The opinion has several points of interest for privacy practitioners. I’m going to focus only on the court’s discussion of Zoom’s liability for Zoombombing, the COVID-era problem where malefactors crash a Zoom…

Pinterest Defeats Contributory Copyright Infringement Claim--Davis v. Pinterest

Pinterest Defeats Contributory Copyright Infringement Claim–Davis v. Pinterest

This is a copyright infringement case against Pinterest for allegedly infringing “pins” by users. The plaintiff alleged claims for direct and contributory copyright infringement. Pinterest moved to dismiss the claim for contributory infringement. The court grants the motion. In addition…

Important Second Circuit Opinion Says Section 230(c)(2)(A) Protects Online Account Terminations--Domen v. Vimeo

Important Second Circuit Opinion Says Section 230(c)(2)(A) Protects Online Account Terminations–Domen v. Vimeo

Vimeo is a video hosting service. Domen is a “former homosexual.” He posted videos to Vimeo that allegedly violated Vimeo’s policy against “the promotion of sexual orientation change efforts” (SOCE). Vimeo notified Domen of the violation and gave him 24…

Comments on the PROMISE Act

Comments on the PROMISE Act

Senators Lee, Braun, and Moran introduced the “Promoting Responsibility Over Moderation In the Social-media Environment Act,” the “PROMISE Act.” (It’s a reintroduction of S. 4975 from last session). This is a transparency-focused bill that partially overlaps with last year’s PACT…

Catching Up on the Parler v. AWS Dispute

Catching Up on the Parler v. AWS Dispute

I blogged Parler’s unsuccessful request to get injunctive relief preventing AWS’s termination of Parler as a customer. Since then, Parler dismissed the federal court lawsuit, filed a state court lawsuit, AWS removed the second lawsuit to federal court, and the…

Section 230 Covers Republication of Old Yearbooks--Callahan v. Ancestry

Section 230 Covers Republication of Old Yearbooks–Callahan v. Ancestry

Ancestry.com publishes 450,000 old yearbooks in the form of 730M records that contain, at least, “the person’s name, photograph, school name, yearbook year, and city or town (at the time of the yearbook).” Ancestry doesn’t disclose how it acquires the…