Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman
…evaluation copy, please email me (egoldman@gmail.com). A sample chapter, Chapter 14 (on publicity rights and endorsements), is available as a free download. We also have two online-only chapters on housing…
Deleting an Instagram Post Was Evidence-Tampering–Webb v. U.S.
This is an assault case. Soon after the assault, the defendant made a public Instagram post showing a bloody fist and the caption “Got slim blood all on me ……
Section 230 Preempts Two More Harassment Lawsuits
Recapping a couple of doomed-from-inception lawsuits. Benedict v. Google LLC, 2024 WL 3427161 (D. Ariz. July 16, 2024) Lance Benedict is a musician. Someone attacked him on the heavy metal…
Eggplant Emoji 🍆 Means What You Think It Means–State v. Farley
A jury convicted Farley of sexual abuse of a minor. On appeal, the court addresses this online conversation between Farley and the victim: Farley: “10:30 good boy 11 bad boy”…
SAD Scheme Leads to Another Massively Disproportionate Asset Freeze–Powell v. Schedule A
[Reminder: I don’t blog all of the SAD Scheme cases I see, and the ones I blog are more exemplars of the general principles than standout or unique cases.] Kate…
It’s Hard to Bind Former Subscribers to TOS Amendments–Brooks v. WarnerMedia
This is a VPPA case over Meta Pixels. 🙄🙄🙄 Everyone agrees this lawsuit will be going to arbitration per the HBO Max TOS. However, in 2022, HBO Max swapped arbitration…
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…