The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling,...more
The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...more
7/7/2023
/ Actual Malice ,
Counterman v Colorado ,
Criminal Liability ,
Cyber-Stalking ,
Dissenting Opinions ,
First Amendment ,
Harassment ,
Mental Health ,
New York Times v Sullivan ,
Rogers Test ,
SCOTUS
Twitter v. Taamneh and Google v. Gonzalez rulings address Section 230 of the Communications Decency Act -
The Supreme Court ruled in two long-awaited cases on May 18, handing twin victories to online services. These...more
The Washington Supreme Court in May struck down the state’s 2010 anti-SLAPP statute, holding in a unanimous opinion that the law violates the state constitution’s right to a jury trial and is invalid on its face. The...more
The Washington Supreme Court this morning invalidated the state's broad anti-SLAPP statute, holding in a unanimous opinion that the law violates the constitutional right to a jury trial. The decision strikes the statute in...more
On Jan. 1, 2015, California’s “Online Eraser” law will take effect, requiring websites and other online service operators to delete on demand any content posted by minors. The law also prohibits such operators from sharing...more
11/18/2014
/ Commerce Clause ,
Communications Decency Act ,
COPPA ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
First Amendment ,
Internet Service Providers (ISPs) ,
Marketing ,
Minors ,
Personally Identifiable Information ,
Popular ,
Websites
On May 20, 2014, the U.S. House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). If enacted, the bill would expose websites and other media to federal criminal penalties for...more
In one of the first published decisions to interpret Washington’s new anti-SLAPP statute, the Washington Court of Appeals this week affirmed a trial court’s dismissal of a lawsuit that arose from a consumer boycott of Israeli...more
The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more
The Ninth Circuit last week became the first federal court of appeals to find that bloggers are entitled to the same First Amendment protections as traditional print and broadcast media when sued for defamation. Obsidian Fin....more
On Aug. 12, 2013, a federal court in Kentucky held that the website TheDirty.com can be liable for comments posted by third parties, refusing to rule as a matter of law that the site is immune under Section 230 of the...more