Debrief on the Taamneh v. Twitter Oral Arguments
…at oral arguments, you don’t want to give an expedient concession, only to have other justices then pounce on any inconsistencies that might create. The plaintiffs’ lawyer, Eric Schnapper, made…
Quick Debrief on the Gonzalez v. Google Oral Arguments
I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. Indeed,…
Preparing for the Supreme Court’s Gonzalez v. Google Oral Arguments
Tomorrow, the Supreme Court will hear oral arguments in the Gonzalez v. Google case. I am NOT looking forward to this at all. First, I expect the arguments will go…
Musk’s Changes at Twitter Moot Lawsuit Over Naomi Wolf’s Deplatforming–Trump v. Twitter
Wikipedia says: “During the COVID-19 pandemic, [Naomi] Wolf has frequently promoted COVID-19 misinformation, misinformation related to vaccination and 5G conspiracy theories.” Twitter banned her account as part of its COVID…
New York’s Mandatory Editorial Transparency Law Preliminarily Enjoined–Volokh v. James
Last year, as part of the first wave of censorial mandatory editorial transparency laws, New York enacted N.Y. Gen. Bus. Law § 394-ccc. The “has two main requirements: (1) a…
A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa calls this a “preliminary” analysis, but that doesn’t mean it’s short!] Two weeks ago, former President Donald Trump filed a lawsuit…
Snapchat Defeats Lawsuit Over User-to-User Harassment–Ziencik v. Snap
[I’m backlogged on several 230 cases. I’ll get to them eventually] This case involves two Snapchat users who repeatedly received threatening messages from other Snapchat users despite the victims’ efforts…
Can Government Agencies Ban Scraping?–NAACP v. Kohn (Guest Blog Post)
by guest blogger Kieran McCarthy For years, open-Internet advocates have argued that scraping bans infringe on First Amendment rights. After all, access to information is a protected form of speech….
Domain Name Sniping Covered by Section 230–Scott Rigsby v. GoDaddy
It’s refreshing to see a “normal” Section 230 opinion from the Ninth Circuit. They have gotten rarer, and the Gonzalez opinion may make them extinct. Scott Rigsby is the first…
Section 230 Still Applies to User Reviews–Daniloff v. Google
It’s well-settled law that Section 230 protects review services for tortious user reviews. The Ninth Circuit told us this in 2016 (in Kimzey v. Yelp), but the caselaw was already…