Another Court Rejects ‘Material Support To Terrorists’ Claims Against Social Media Sites–Gonzalez v. Google
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Numerous lawsuits have been filed claiming social media services “materially support” terrorists because terrorist groups disseminate their content via the services. 1-800-LAW-FIRM (I kid you not) is behind…
Uber’s Contract Upheld in Second Circuit–Meyer v. Uber
This is a lawsuit alleging price fixing against Uber and its former CEO Travis Kalanick. Uber (and Kalanick) moved to compel arbitration on the basis of the arbitration clause in Uber’s terms of service. The district court found that Uber’s…
Sen. Portman Says SESTA Doesn’t Affect the Good Samaritan Defense. He’s Wrong
When introducing the Stop Enabling Sex Traffickers Act of 2017 (S. 1693, the Senate’s anti-Section 230 bill), Sen. Portman said (emphasis added): There are some groups who have been critical of this effort to hold backpage accountable and stop this…
1H 2017 Quick Links Part 7 (Fake News, RTBF, Censorship, Extremist Content)
Fake News * NY Times: From Headline to Photograph, a Fake News Masterpiece * Data and Society: Media Manipulation and Disinformation Online * Wired: Inside the Macedonian Fake-News Complex * Mark Verstraete, Derek E. Bambauer, & Jane R. Bambauer, Identifying…
“Offensive, Rude, Annoying, Mean-Spirited & Ill-Advised” Blog Posts Aren’t Defamatory–Milazzo v. Connolly
This is another case study of the overly litigious world of homeowners’ associations. For example, a few months ago, I blogged about another lawsuit involving a condo association, its no-pet policy, and a string of vitriolic blog posts over residents…
2H 2016 Quick Links, Part 11 (Social Media, Harassment, E-Discovery & More)
Social Media * US v. Elonis, 2016 WL 6310803 (3d Cir. Oct. 28, 2016). Anthony Elonis’ conviction for criminal threats was once again upheld: Considering the graphic nature of the three messages Elonis posted in October, it is not at…
Now the Seventh Circuit Is Shitting On Section 230–Huon v. Denton
Section 230’s trainwreck of a year adds another derailment. MAKE. IT. STOP. This case is a defamation-plus lawsuit over two stories, one published on Above the Law and the other by the Gawker property Jezebel. The Jezebel story described plaintiff…
The Internet Rallies Against A Terrible Section 230 Ruling–Hassell v. Bird
2016 has been a tough year for Section 230 jurisprudence, and the nadir (so far) was the appellate court ruling in Hassell v. Bird. As you recall, the case involves some negative Yelp reviews about an attorney, Hassell. Hassell sued…
Q2 2016 Quick Links, Part 1 (Intellectual Property)
Copyright * Skidmore v. Led Zeppelin, No. CV 15-03462-RGK (AGRx) (C.D. Cal. June 23, 2016): Led Zeppelin’s Stairway to Heaven isn’t substantially similar to Spirit’s Taurus. The plaintiff’s lawyer explains why it was a loss for both sides. My Q:…