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Defamation Communications Decency Act First Amendment

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Spilman Thomas & Battle, PLLC

Trump vs. Twitter: The Feud Over Section 230 and Online Censorship

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

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

Fisher Phillips on

As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Proskauer - New Media & Technology

The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers

Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

K&L Gates LLP on

Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Proskauer - New Media & Technology

In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online...

In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take...more

Haight Brown & Bonesteel LLP

Yelp Cannot Be Ordered to Remove Defamatory Online Review Posted by Disgruntled Former Client About Law Firm; Court Upholds...

In our Alerts dated June 22, 2016 and September 22, 2016, we followed the case of Hassell v. Bird where a lower court, in a matter involving a defamation action brought by a law firm (“Hassell”) against a disgruntled former...more

Fisher Phillips

California Employers May Sue For Online Defamation

Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Kelley Drye & Warren LLP

Rejecting First Amendment And Communications Decency Act Arguments, California Appellate Court Affirms Order Requiring Non-Party...

In a published decision filed on June 7, 2016 in Dawn Hassell v. Ava Bird, Case No. A143233, the Court of Appeals for the State of California, First Appellate District, determined that the trial court’s order requiring Yelp...more

Brooks Pierce

Pitfalls in Managing Online Reputations

Brooks Pierce on

Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with...more

Lewitt Hackman

Online Negativity: How to Fight Back

Lewitt Hackman on

The internet is a powerful channel for communication, with great strengths compared to other media. It has been referred to as the "largest public space in human history”. Internet communications can reach an unlimited...more

Kelley Drye & Warren LLP

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

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

Morrison & Foerster LLP - Social Media

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

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

Morrison & Foerster LLP - Social Media

TheDirty.com Goes to Trial

In 2012, we reported on a pair of district court decisions that, based on similar facts, split on whether defendant TheDirty.com, a gossip website, qualified for immunity under Section 230 of the Communications Decency Act...more

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