Five Decisions Illustrate How Section 230 Is Fading Fast

Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230…

Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court--Dangaard v. Instagram

The plaintiffs’ allegations were sizzling. In my previous post, I summarized: This lawsuit involves troubling allegations that Facebook executives (allegedly, Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted…

Internet Law Professors Submit a SCOTUS Amicus Brief on Online Age Authentication--Free Speech Coalition v. Paxton

Along with seven other Internet Law professors, I filed an amicus brief with the US Supreme Court in the case of Free Speech Coalition v. Paxton. The lawsuit challenges Texas HB 1181, which is basically a resurrection of the old…

Augmented Reality Filters May Violate Privacy Law--Hartman v. Meta

This case involves augmented reality (AR) effects/”filters” that people can use to doctor up images and videos on social media, such as the ability to add virtual bunny ears, flower crowns, or cat whiskers to people in the image or…

Facebook Defeats Lawsuit Over Allegedly Pornographic Ads--Reaud v. Facebook

Reaud claimed he received 93 “unwanted gross and offensive pornographic ads” on Facebook. (I don’t mean to victim-blame, but if his claim is true, I do wonder how Facebook’s ad algorithm was responding to his onsite activities). He further claims…

Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway--White v. UMG

Surprise, another 512(f) claim fails. But the sender’s dereliction in this case really got to me, so it’s worth the blog post. The case revolves around a “beat” produced by Jordan Jenks (a/k/a Pi’erre Bourne). Jenks licensed the beat non-exclusively…

Trump's Tweet Infringed the Song "Electric Avenue"--Grant v. Trump

This case involves Eddy Grant’s classic 1980s song “Electric Avenue.” The court describes Trump’s reuse of the song: On August 12, 2020, Daniel Scavino, Director of Social Media and Deputy Chief of Staff for Communications of the Executive Office of…

Court Enjoins the Utah "Minor Protection in Social Media Act"--NetChoice v. Reyes

Utah’s Minor Protection in Social Media Act contains two major provisions. First, it requires social media companies to conduct age assurance of their users to a 95% accuracy rate, along with an appellate process for misclassified users. Second, once minors…

Robert F. Kennedy Jr. Is Breaking Internet Law Faster Than I Can Blog It

Having built his professional reputation as a plaintiff (initially, to protect the environment), RFK Jr. is sticking with what he knows best–LAWSUITS. He’s suing an ever-expanding constellation of players to force their publication of his anti-vax views. He’s failing decisively…

Second Circuit Says More About the "Reasonable Internet User" Standard for TOS Formation--Edmundson v. Klarna (Catchup Post)

[I missed this opinion when it first came out in 2023. Blogging for completeness because of the importance of the “reasonable Internet user” standard.] Klarna offers a “buy now, pay later” option to consumers at third-party e-commerce sites. If a…