Another Must-Carry Lawsuit Against YouTube Fails–Daniels v Alphabet
…Now, they are working–again unsuccessfully–to impose censorial must-carry obligations on Internet services. The opinion covers the standard ground. A couple things to note: State Action. Daniels claimed that censorial exhortations…
State Legislator Doesn’t Understand That He Works for the Government–Attwood v. Clemons
…claimed that state legislators’ speech is always private speech and not state action. Say what now? It’s Civics 101 that when taxpayers pay his salary, Clemons’ work is state action….
Newspaper Isn’t State Actor–Plotkin v. Astorian
…v. The Astorian, 2021 WL 864946 (D. Ore. March 8, 2021). The complaint. Selected Related Posts About State Action Claims An Account Suspension Case Fails Again–Perez v. LinkedIn Are Social…
Congressional Jawboning of Internet Services Isn’t Actionable–AAPS v. Schiff
…good governance. However, interposing state action from jawboning is an even worse resolution. The court doesn’t directly discuss when a Congressmember’s exhortations can convert the actions of the Internet services…
An Account Suspension Case Fails Again–Perez v. LinkedIn
…State Action Claims Are Social Media Services “State Actors” or “Common Carriers”? Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v. Google More Plaintiffs (and Lawyers) Need To Be Reminded…
Internet Law Year-in-Review for 2020
…are biased against them, and they are weaponizing numerous legal doctrines–the state action/public forum doctrine, civil rights anti-discrimination law, and more–to seek “must-carry” obligations. The Ninth Circuit emphatically rejected the…
Are Social Media Services “State Actors” or “Common Carriers”?
…United States law”). Selected Related Posts About State Action Claims Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v. Google More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube…
Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v. Google
…under 42 U.S.C. § 1983, absent factual allegations that could lead to a finding of state action.” First Amendment. DeLima “acknowledges that Defendants are private companies and not government entities,…
Politician Can Block Constituents at Twitter–If It’s a “Campaign” Account–Campbell v. Reisch
…that distinction, it makes sense that a politician could have an official social media account that is state action and a separate campaign social media account that isn’t state action….
More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google
…immunity amounts to government “endorsement” of online discrimination, and that’s enough to create state action. The court responds that Section 230 doesn’t compel anyone to do anything: Section 230 does…