Another Suspended Twitter User Loses in Court–Wilson v. Twitter
…speech does not implicate the First Amendment’s protection against government censorship Wilson v. Twitter, 2020 WL 3256820 (S.D. W.V. June 16, 2020) Selected Related Posts About State Action Claims First…
First Voters Reject Tulsi Gabbard, Then a Judge Does–Gabbard v. Google
…confirms their pro-censorship bias. Case citation: Tulsi Now, Inc. v. Google, LLC, 2:19-cv-06444-SVW-RAO (C.D. Cal. March 3, 2020) Selected Related Posts About State Action Claims YouTube Isn’t a State Actor…
YouTube Isn’t a State Actor (DUH)–PragerU v. Google
…state action lawsuits in the Ninth Circuit. First Amendment The court gets right to the point: Despite YouTube’s ubiquity and its role as a public-facing platform, it remains a private…
Yelp Defeats Businesses’ “Right to Be Forgotten” Claims—Spiegelman v. Yelp
…rights. Yelp successfully defended using California’s anti-SLAPP law. The court says Yelp’s website constitutes a public forum (but only in the anti-SLAPP sense, not the state action sense, a point…
Russia Fucked With American Democracy, But It Can’t Fuck With Section 230–Federal Agency of News v. Facebook
…contract; and (5) breach of implied covenant of good faith and fair dealing.” Facebook defended the Bivens claim on lack of state action and the other claims on Section 230….
Private Publishers Aren’t State Actors–Manhattan Community Access v. Halleck
…been performed by government.” Without a state action hook, the First Amendment doesn’t protect the plaintiffs: “when a private entity provides a forum for speech, the private entity is not…
Your Periodic Reminder That Facebook Isn’t a State Actor–Williby v. Zuckerberg
…does not qualify as a state actor subject to First Amendment constraints Cite to Halleck, which I will blog soon. Ideally Halleck will emphatically tidy up the state action issue,…
[Statute of] Queen Anne’s Revenge? Supreme Court Grants Certiorari in Allen v. Cooper
…a “taking,” the state action would have to deprive the plaintiff of nearly all of the work’s value (as the North Carolina statute may have done). It seems that the…
A Fight for Authorship and Ownership of 150+ Quilt Patterns, and Bad Business Planning (Guest Blog Post)
…Decker, Hyde Park, Chelsea Market, and Tale of 2 Gnomes. Lone Star Promotions is not a party to the state actions, even though Lone Star Promotions is the copyright claimant….
Recap of the Copyright Office’s Section 512 Study Roundtable
…practices changed? Carey: practices have changed, and ongoing litigation on this front. Isbell: are IAP terminations due to 512 repeat infringer policy “state action”? Rose: no, but it’s equivalent to…