In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability…
I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance of Jenner & Block, I filed an amicus brief in…
My observations about the Supreme Court’s 2.5 hour long (and very tedious) oral arguments in the Taamneh v. Twitter case: The justices struggled to define the statute’s actus reus (did Twitter take a culpable action?) and mens rea (did Twitter…
I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. Indeed, the justices didn’t really engage with the plaintiffs’ core arguments…
Tomorrow, the Supreme Court will hear oral arguments in the Gonzalez v. Google case. I am NOT looking forward to this at all. First, I expect the arguments will go poorly for free speech and the Internet’s status quo. It’ll…
Wikipedia says: “During the COVID-19 pandemic, [Naomi] Wolf has frequently promoted COVID-19 misinformation, misinformation related to vaccination and 5G conspiracy theories.” Twitter banned her account as part of its COVID misinformation crackdown. Wolf then joined Trump’s “deplatforming” lawsuit against Twitter,…
Last year, as part of the first wave of censorial mandatory editorial transparency laws, New York enacted N.Y. Gen. Bus. Law ยง 394-ccc. The “has two main requirements: (1) a mechanism for social media users to file complaints about instances…
By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa calls this a “preliminary” analysis, but that doesn’t mean it’s short!] Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster…
[I’m backlogged on several 230 cases. I’ll get to them eventually] This case involves two Snapchat users who repeatedly received threatening messages from other Snapchat users despite the victims’ efforts to block the perpetrators. A victim flagged messages for Snapchat,…
by guest blogger Kieran McCarthy For years, open-Internet advocates have argued that scraping bans infringe on First Amendment rights. After all, access to information is a protected form of speech. But since most scraping cases involve two private litigants, and…