More Account Termination Cases Fail in Court
…political cartoons. 📈 Selected Posts About State Action Claims WeChat Defeats Account Termination Lawsuit–Sun v. WeChat Robert F. Kennedy Jr. Is Breaking Internet Law Faster Than I Can Blog It…
WeChat Defeats Account Termination Lawsuit–Sun v. WeChat
…that’s true here: Plaintiff does not allege any state action that would sustain a § 1983 claim. Nor has Plaintiff provided factual allegations that could support an inference that there…
Section 230 Protects Newspaper’s Removal of User Comments–Affleck v. Harvard Crimson
…under any of these tests…..by operating its YouTube service for the public to post videos, Google is not performing a traditional, exclusive state action and should not be considered a…
2024 Internet Law Year-in-Review
…account becomes state action. The court’s holding ensures that most social media accounts operated by government employees will not qualify as state action, even if the accountholder is loudly boasting…
The “Winning Isn’t Normal” Copyright Enforcement Campaign Is More “Abusive” Than “Winning”–Bell v. Kiffin
…State Action? Separate from the fair use discussion, the court ruminated about whether Kiffin tweeted on his own behalf or as a state employee, which matters because qualified immunity might…
Five Decisions Illustrate How Section 230 Is Fading Fast
…design features.” The court distinguishes a long list of precedents that it says don’t apply because they “involved state action that interfered with messaging or other expressive conduct—a critical element…
Robert F. Kennedy Jr. Is Breaking Internet Law Faster Than I Can Blog It
…his request for a preliminary injunction. State Action Much of the state action discussion simply points back to the Children’s Health Defense decision I discussed above, e.g., “At bottom, the…
Government Agencies Can’t Use Dumb Word Filters to Screen Social Media Comments–PETA v. Tabak
…Related posts: Supreme Court Addresses When Government Employees’ Social Media Accounts are State Action (Lindke & Garnier) Politician-Operated Social Media Accounts Raise Many Thorny Legal Issues University-Operated Twitter Account is…
Plaintiffs Lack Standing to Sue Over Government Jawboning When Their Evidence is Based on Vibes–Murthy v. Missouri
…express no view as to whether the Fifth Circuit correctly articulated the standard for when the Government transforms private conduct into state action”). Indeed, the majority opinion doesn’t contain a…
A Peek Into the Long Tail of Facebook’s Litigation Docket
…case. The plaintiff is concerned about something related to interference with his mind by AI. He styles the case as a 1983 deprivation of rights, which requires state action. The…