First Amendment Doesn’t Apply to Descriptions of Content Moderation Practices–Bride v. Snap
Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. This opinion raised…
Purchase First, TOS Presentation Second = TOS Fail–Seneca v. Homeaglow
This case involves the Homeaglow/Dazzle Cleaning services. The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to…
California AG Abandons Key Parts of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
As you may recall, the Ninth Circuit substantially gutted California’s mandatory editorial transparency law (AB 587). In the aftermath of that ruling, the California AG abandoned its defense of key portions of the law. The settlement says: subdivisions (a)(3), (a)(4)(A),…
California’s Age-Appropriate Design Code (AADC) Is Completely Unconstitutional (Multiple Ways)–NetChoice v. Bonta
I don’t normally start my blog posts with a meme, but this one tells you everything you need to know: * * * This blog post concerns the California Age-Appropriate Design Code (AADC), passed by the California legislature in 2022….
Section 230 Protects Facebook’s Decision to Cut Off Sketchy App’s API Access–Six4Three v. Facebook
Six4Three developed an app called “Pikinis” (a/k/a “Pikini”), which enabled its users to search Facebook for photos of women in bikinis. 🙄 The app drew upon Facebook’s Graph API. Facebook later shut down Six4Three’s API access for what seemed to…
Fourth Circuit Upholds TOS Formation Despite a Bad Call-to-Action, But Strikes Down Unilateral Amendment Clauses
Two noteworthy rulings this week from the Fourth Circuit regarding TOS formation issues. Dhruva v. CuriosityStream, Inc., No. 24-1080 (4th Cir. March 10, 2025) Curiosity Stream is a paywalled site for documentary videos. The plaintiffs brought a Meta pixels case…
Another Lawsuit Over Online Content Restrictions Fails–Qian v. YouTube
Qian uploaded content to YouTube, which YouTube restricted in various ways. Qian sued YouTube for breaching its TOS. The district court granted summary judgment to YouTube. The Second Circuit affirms. YouTube’s TOS contained a standard reservation of rights to do…
The Ninth Circuit Has a Lot to Say About Online Contract Formation (Much of It Confusing)–Chabolla v. ClassPass
I previously summarized this case: The plaintiffs claim they signed up for a ClassPass membership but got unexpectedly auto-renewed. (ClassPass appears to be an aggregator of third-party fitness classes). ClassPass sought to send the case to arbitration based on its…
Another Conflict Between Privacy Laws and Age Authentication–Murphy v. Confirm ID
This opinion is a routine ruling over TOS formation and whether disputes must go to arbitration. However, before I dig into that question, I need to note the case’s chilling implications. * * * This case involves the Adult Friend…
Copyright Owner Prevails in Lawsuit Over Form Contracts–Equine Legal v. Fireline Farms
🚨🚨 Calling all cyberlaw nerds: here is a bona fide “Law of the Horse” case. 🚨🚨 The plaintiff is an Oregon law firm practicing equine law. The defendant runs a Florida horse ranch. In 2016, the defendant licensed the plaintiff’s…