California Appeals Court Confirms That School Districts Can’t Sue Over Social Media Addiction
[I have so many topically related cases in my blogging queue, but I’ve accelerated coverage of this one because of its potential significance.] An entire financial and regulatory ecosystem has…
Ninth Circuit Easily Rejects (Most of) a “Predator Access” Lawsuit on Section 230 Grounds–Doe (KB) v. Facebook
This is a FOSTA-and-more claim against Instagram. As I previously summarized, the plaintiff claimed (1) Instagram is a “breeding ground” for sex trafficking, and (2) Instagram’s algorithms matched the criminal…
Ninth Circuit Reminds Businesses: “Clickwrap or It’s Crap”
The Ninth Circuit struck down two more TOS formations this week. In both cases, the panels applied exacting standards when reviewing the screens. You’ve been warned about this risk (many…
Catching Up on X’s TOS Formation Cases
…[Eric’s comment: the cited precedent isn’t as decisive as the court suggests.]… xAI permits a user to create an account simply by clicking one of the sign-up options without verifying…
Section 230 Blocks Lawsuits That “Meddle” With Online Publishers’ Editorial Decisions–Shared v. Meta
The Ninth Circuit’s Section 230 jurisprudence has devolved into a drama-filled implosion, so it’s shocking (in a refreshing way) when the Ninth Circuit nowadays issues a normal, straight-down-the-middle Section 230…
It’s Hard to Win a Schedule A Case Without Filing the “Schedule A”–Speedy Simulator v. Schedule A Defendants
Hanlon’s razor says, “Never attribute to malice that which is adequately explained by [incompetence].” (Consistent with a standard substitution, I’ve replaced “stupidity” with “incompetence”). This adage is constantly on my…
Spam-Filtered Email Service Unwinds a $13M Default Judgment–Imagination Products v. Omont
Imagination Products has a supplemental trademark registration in the color orange (Pantone Orange 021c) for hand-operated plumbing snakes. It claims that several defendants, including Omont, sell drain clog cleaning tools…
City Government Can Use Facebook’s Anti-Bot Tool–Jalisi v. Poway
The City of Poway has a public Facebook page. Jalisi has been a critic of the city government, and he made critical posts on the city’s Facebook page. He claims…
Alex Berenson’s Deplatforming Lawsuit Fails in the Second Circuit–Berenson v. Gottlieb
Generated by ChatGPT Dec. 2025 Alex Berenson is a one-time N.Y. Times reporter whose life appears to have taken an unfortunate turn in the wake of MAGA and COVID. According…
Four Justices, One Mega-Publisher, and a Supreme Court Copyright Debacle (Guest Blog Post)
by Prof. Guy Rub, Temple University Beasley School of Law What do Amy Coney Barrett and Ketanji Brown Jackson do for a living? The obvious answer is that they are…