Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google

The plaintiffs are “conservative content creators” (i.e., QAnon enthusiasts) who posted videos to YouTube. YouTube suspended their accounts. The plaintiffs sued for First Amendment violations (presumably a 1983 claim). The court previously denied a TRO. YouTube now gets the case…

Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions--Martillo v. Facebook

Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. He sued for Title II discrimination. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ The statutory definition of a…

There Is No Bottom When It Comes to Section 230 Reform Proposals (Comments on the Justice Against Malicious Algorithms Act)

There Is No Bottom When It Comes to Section 230 Reform Proposals (Comments on the Justice Against Malicious Algorithms Act)

When I first saw the Justice Against Malicious Algorithms Act. my draft version didn’t identify its sponsors. I assumed it was yet another sloppy and unserious Section 230 reform proposal from representatives like Rep. Gosar or Gohmert. You can imagine…

Section 230 Protects Securities Exchange--Saveene v. Remo

Section 230 Protects Securities Exchange–Saveene v. Remo

This case involves an alleged case of corporate hijacking. The plaintiff alleges that it bought a controlling interest in a corporate entity opaquely named American Diversified Holdings Corp. (“ADHC”) from Remo. Remo then allegedly dissolved the Nevada entity and, without…

Eleventh Circuit Rejects “Material Support for Terrorists” Case–Colon v. Twitter

This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. These cases have all failed–with the partial exception of the Ninth Circuit meltdown (3 judges; 3 opinions) in Gonzalez v. Google LLC,…

Cloudflare Isn't Liable for Providing Services to Alleged Infringers--Mon Cheri Bridals v. Cloudflare

Cloudflare Isn’t Liable for Providing Services to Alleged Infringers–Mon Cheri Bridals v. Cloudflare

The plaintiffs claim copyright ownership in wedding dress designs. They also claim that knockoff retailers are infringing those rights. Frustrated by the whack-a-mole enforcement efforts against individual retailers, the plaintiffs sued Cloudflare for providing support services to them, including caching,…

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act, which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a…

For the Third Time, a Second Circuit Panel Dismisses an Online Account Termination Case--Domen v. Vimeo

For the Third Time, a Second Circuit Panel Dismisses an Online Account Termination Case–Domen v. Vimeo

A 3-judge panel has issued its third opinion in Domen v. Vimeo, a lawsuit alleging that Vimeo committed unlawful discrimination by terminating his account. How does an appellate panel reach a third opinion in the same case? It issued its…

Yearbook Database Cases Are Vexing the Courts--Sessa v. Ancestry

Yearbook Database Cases Are Vexing the Courts–Sessa v. Ancestry

This is another entry in the genre of publicity rights cases against commercial databases vending information about people. Courts are struggling with how to analyze these cases, especially in the context of paywalled yearbook databases. This ruling turns into a…

Third Circuit Says Section 230 Doesn't Apply to Publicity Rights Claims--Hepp v. Facebook

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section…