Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion
Trump vs. Twitter: The Feud Over Section 230 and Online Censorship
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Waldman: Stop Immunizing Websites That Allow Harassment
Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more
Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the...more
The Supreme Court this term elevated First Amendment values over anti-discrimination laws and stalking statutes in two important cases. The most far-reaching case, 303 Creative LLC v. Elenis, decided that a website designer...more
On May 18, 2023, in Twitter, Inc. v. Taamneh et al., the United States Supreme Court ruled against an Islamic State of Iraq and Syria (“ISIS”) attack victim’s family who sought to hold Twitter, and other social media...more
Last week, the Supreme Court granted certiorari for two cases challenging Section 230 of the Communications Decency Act. The result of the Supreme Court’s review has the potential to change how big tech and social media...more
Jones Day's Alexander Maugeri explains Section 230 of the Communications Decency Act, how it potentially affects content on the internet, and why possible reforms must be balanced with free speech concerns. (Transcription)...more
On May 24, 2021, Florida’s governor signed into law legislation prohibiting social media companies from blocking political candidates seeking to use those companies’ websites to communicate with the sites’ users. Almost...more
Throughout much of 2020, Members of Congress, the Trump Administration, and even Associate Justice Clarence Thomas have highlighted the reasonableness in reevaluating Section 230 of the Communications Decency Act (47 USC...more
In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally...more
A federal court has ruled that 47 U.S.C. “Section 230” of the Communications Decency Act shields Twitter from claims it aided and abetted defamation. Brikman v. Twitter, Inc., 2020 WL 5594637 (E.D.N.Y., September 17, 2020)...more
As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...more
Since 1996, Section 230 of the Communications Decency Act has provided critical protection from most liability for content posted by third parties to websites and other “interactive computer services.” This protection has...more
Last week, President Trump signed an Executive Order targeting social media companies and the liability protections afforded to them under Section 230 of the Communications Decency Act (Section 230). The Order directs the...more
Welcome to Volume 1, Issue 6 of Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes, and court cases involving campaign finance,...more
UPDATE: On the afternoon of May 28, 2020, the President signed the executive order concerning CDA Section 230. A copy/link to the order has not yet been posted on the White House’s website. According to news reports,...more
HomeAway and Airbnb Lose the Battle Against Santa Monica - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories on Mar 13, 2019) On March 13, the Ninth Circuit ruled against HomeAway and...more
U.S. Circuit Court Deals a Blow to Short-Term Platforms - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories, March 13, 2019) In somewhat of a surprise ruling issued last week, the...more
As we have noted previously, the California Court of Appeal’s Hassell v. Bird decision in 2016 upholding an injunction requiring Yelp to remove certain user reviews was discouraging to social media companies and other online...more
Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more
Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more
In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more
Recent criticisms lobbed at Facebook for fake news stories on its platform that allegedly tipped the election in Donald Trump’s favor may spell trouble for businesses operating open websites where users can post content. ...more
In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more
Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more
On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site, TheDirty.com, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230. The appeals...more