Section 230 Protects Retweeting--Banaian v. Bascom

[I’m forestalling more analysis of the Texas social media censorship law until we get some clarity on what happened and what’s next.] A student hacked the school website and added scandalous content about a teacher, Debbie Banaian, a/k/a “Banaianator.” [Aside:…

Minnesota Wants to Ban Under-18s From User-Generated Content Services

As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota…

Court Explains How Smileys Are "Prone to Multiple Interpretations"--In re State

This case involves a real estate dispute that’s been in the courts for almost 30 years. (Any case tied up in the courts that long is bound to have lots of drama associated with it and usually has gone well…

COVID Skeptics' Anti-Jawboning Lawsuit Fails--Changizi v. Department of HHS

Yet another COVID denier lawsuit over getting kicked off social media. These cases seem endless. On the plus side, these plaintiffs didn’t sue Twitter for deplatforming them. Instead, they directed their fire solely at the Department of Health and Human…

COVID Skeptic Loses Lawsuit Over Account Terminations--Hart v. Facebook

Both Facebook and Twitter restricted Hart’s account access due to various posts over COVID, masking, and other culture war issues. Hart sued them for violating the First Amendment. You can guess how that went. The court says they are not…

Twitter Defeats Trump's Deplatforming Lawsuit--Trump v. Twitter

In July 2021, Trump sued Twitter, Facebook, and YouTube for terminating/suspending his accounts. At the time, I made a 6-step prediction for how the lawsuits would go: Step 3 in the Twitter case, the transfer from Florida to California, occurred…

My Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking

[Today, I made brief remarks at the CPRA “stakeholder sessions” in the “dark patterns” session. My written transcript:] I’m Eric Goldman, a law professor at Santa Clara University School of Law, where I direct the school’s Privacy Law Certificate. My…

Section 512(c) Protects Pinterest Despite Its Algorithms--Davis v. Pinterest

“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” The court gives this screenshot as an example. Davis’…

Facebook Can't Shake Publicity Rights Claim--Hepp v. Facebook

Third parties created ads featuring Hepp without her consent. From the complaint (Hepp is the upper right image; the photo was taken from security camera footage): Facebook ran some of the ads featuring Hepp’s image. The district court dismissed Hepp’s…

Once Again, LinkedIn Can't Use CFAA To Stop Unwanted Scraping--hiQ v. LinkedIn

The hiQ v. LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light…