What Happened to Gonzalez v. Google After the SCOTUS Decision?
In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Two of those cases, Gonzalez v….
Facebook Isn’t Subject to the ADA–Lloyd v. Facebook
Lloyd brought a pro se lawsuit against Facebook raising a myriad of concerns. My prior blog post. The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion,…
DMCA 512(c) Helps Redbubble Defeats Copyright Lawsuit–Wallshoppe v. Redbubble
Wallshoppe makes wallpaper with copyrighted designs, such as the “Pacifico Palm Design” depicted to the right. It has a copyright registration in the design. Wallshoppe found Redbubble merchants selling the…
What Should Happen When a Schoolteacher Posts Hateful Memes to TikTok?–MacRae v. Mattos
Kari MacRae is a grandmother to four grandkids and a Republican candidate for Massachusetts state senate. During the relevant time period, she was a public school teacher. She maintained a…
Justice Thomas Hates on Section 230. Again.–Doe v. Snap
…says: “the Court chooses not to address whether social-media platforms—some of the largest and most powerful companies in the world—can be held responsible for their own misconduct.” Eric responds: False….
Mississippi’s Age-Authentication Law Declared Unconstitutional–NetChoice v. Fitch
[Note 1: I’m thinking my full analysis of Moody v. NetChoice won’t be ready until next week. I have a lot to say!] [Note 2: This morning, Supreme Court granted…
Statement on the Supreme Court’s Ruling in Moody v. NetChoice
A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social…
Indiana’s Anti-Online Porn Law “Is Not Close” to Constitutional–Free Speech Coalition v. Rokita
[Note: tomorrow we’ll get the Supreme Court decisions in NetChoice v. Florida and Texas. I’ll be blogging those decisions as fast as I can, so check back here to see…
Heightened Constitutional Scrutiny is Not Required for Content-Based Trademark Registration Laws That Are Viewpoint-Neutral—Vidal v. Elster (Guest Blog Post)
By Lisa Ramsey, Professor of Law, University of San Diego School of Law The Supreme Court held in Elster that Section 2(c) is consistent with the First Amendment, but the…
Plaintiffs Lack Standing to Sue Over Government Jawboning When Their Evidence is Based on Vibes–Murthy v. Missouri
In a well-functioning society, governments and the private sector will engage in an ongoing dialogue about public welfare issues. Much of this conversation is healthy and productive, as both the…