Comments on Arkansas' "Online Marketplace Consumer Inform Act" (SB 470)

It’s hard to keep up with the tsunami of new Internet laws at the state level, and I had some difficulty finding the actual text of this law as passed (I couldn’t see it at the legislative website’s page for…

The Fifth Circuit certified the following question to the Texas Supreme Court: Under Texas products-liability law, is Amazon a “seller” of third-party products sold on Amazon’s website when Amazon does not hold title to the product but controls the process…

Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information--Children's Health Defense v. Facebook

RFK Sr. was beloved and well-regarded. He had the Kennedy magic and benefited from the Camelot fairy tale. His son, on the other hand…well…. Robert F. Kennedy Jr. founded and runs the Children’s Health Defense (CHD). CHD is an “advocate…

Florida Social Media Censorship Law ENJOINED--NetChoice v. Moody

A federal judge enjoined the key parts of Florida’s SB 7072, the embarrassingly censorial attempt to turn Internet services into common carriers. This outcome may have been expected given the tenor of the oral arguments and the law’s obvious status…

New Essay: "Regulating Internet Services by Size"

Jess Miers and I have published an essay called “Regulating Internet Services by Size,” part of a special CPI Antitrust Chronicle special issue on Section 230. Our essay does two main things. First, it explains different drafting choices for defining…

YouTube Defeats Lawsuit Over Threatening Content--Wells v. YouTube

This is a pro se lawsuit. The plaintiff “contends that her image was posted on Defendant’s website in order to threaten her, that the image has been viewed millions of times, that she has ‘witnessed such threats/perceived threats’ as a…

Plaintiffs are African-American, Mexican, or Puerto Rican operators of YouTube channels, some of which were monetized. The plaintiffs claim the YouTube’s moderation practices targeted them based on their race, including putting their videos into Restricted Mode, demonetizing videos, and various…

Amicus Brief in Support of Florida's Social Media Censorship Law

I previously blogged about the 5 amicus briefs filed in support of a preliminary injunction against Florida’s social media censorship law. Last week, an amicus brief came in favor of Florida and the censorship law from a pro se filer,…

Preliminary Injunction Hearing Against Florida's Social Media Censorship Law

Today, Judge Hinkle heard oral arguments regarding a preliminary injunction against the Florida social media censorship law (SB 7072). I felt both sides accomplished their goals in oral advocacy. I didn’t agree with Florida’s counsel, but I thought he did…

Yet Another Court Says Facebook Isn't a State Actor--Brock v. Zuckerberg

Facebook allegedly “censored” the plaintiff “at least 30 times.” Facebook flagged his content as spam, hate speech, abusive, and “partly false.” He sued Facebook for violating the First, Fifth, Sixth, and Fourteenth Amendments. He also claims Facebook “violated Plaintiff’s ‘right…