Section 230 Doesn’t Apply to “Editorializing” About Third-Party Content–Marvin v. Lanctot
This case involves the Warroad High School girls’ hockey team. Warroad, Minnesota is located just a few miles south of the Canadian border, near the Northwest Angle, and hockey appears…
Defamation Claim Proceeds Against YouTuber’s Denialism–Robertson v. Upchurch
This case involves Ryan Upchurch, who Wikipedia describes as “an American rapper, singer-songwriter, and comedian.” He has 3M+ followers at YouTube. For unspecified reasons, Upchurch started discussing the tragic and…
A Peek Into the Long Tail of Facebook’s Litigation Docket
I’ve retired my old Quick Links format, so instead I’m rounding up a couple of Facebook cases that hit my alerts. Georgia Auto Group LLC v. Meta Platforms Inc., 2024…
X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
…dispute, which violates the First Amendment. Our hypothetical platform’s GC should take note of this decision. The issue of damage foreseeability (despite its inherent weaknesses, in my opinion; Eric also…
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
By Guest Blogger Tyler Ochoa Last week, the U.S. Supreme Court held 6-3 that assuming a copyright infringement claim is timely under the discovery rule of accrual, meaning that it…
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
…al case. When it first was published, Eric did an excellent job summarizing the opinion in this post. But I wanted to take a slightly different angle in my analysis…
Section 230 Preempts Product Design Claims–Lama v. Meta
The court summarizes: Plaintiff alleges that Defendants failed “to implement a child protective procedure whereby parents, school personnel, and other children[-]responsible persons would be able to protect against online bullying…
Supreme Court Addresses When Government Employees’ Social Media Accounts are State Action (Lindke & Garnier)
[This post got stuck in my drafts folder…sharing it now for completeness] I see many cases against government employees for posting and moderating content on social media. The topic is…
Plaintiffs Make Some Progress in 512(f) Cases
This post recaps some recent 512(f) cases that have hit my alerts. Surprisingly, all of the decisions involve a positive ruling for the plaintiff, which is different from the typical…
The 7th Circuit’s Section 230 Jurisprudence’s Impact on FOSTA Cases
Last August, in GG v. Salesforce, a split Seventh Circuit panel ruled that Salesforce didn’t qualify for Section 230 in a FOSTA case. I never blogged that opinion for two…