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Facebook First Amendment

Tucker Arensberg, P.C.

Supreme Court Addresses Social Media Usage by a Public Official

Lindke v. Freed, 2024 U.S. LEXIS 1214 (2024) (A public official who blocks someone from commenting on the official’s social-media page engages in state action under 42 U.S.C. § 1983 only if the official both 1) possessed...more

Rumberger | Kirk

SCOTUS Clarifies Scope of Social Media Liability for Public Officials

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On March 15, 2024, the United States Supreme Court handed down its decisions in Lindke v. Freed and O’Connor-Ratcliff v. Garnier, two similar cases which broadly asked when public officials may be liable for their use of...more

Epstein Becker & Green

Public Officials Subject to Suits for Blocking Social Media Critics, “Safety Valve” Relief from Mandatory Minimums Is Limited -...

Epstein Becker & Green on

On Friday, March 15, a unanimous Supreme Court decided two companion cases (Lindke v. Freed and O’Connor-Ratcliff v. Garnier) that resolved a split in the Circuits concerning whether public officials can be held liable under...more

Sherman & Howard L.L.C.

Supreme Court of the United States Allows Constitutional Claim Against Public Officials For Social Media Activity

In Lindke v. Reed, the Supreme Court of the United States (SCOTUS) issued an opinion holding that social media activity can constitute state action for purposes of a claim under 42 U.S.C. § 1983. The Court held that “[f]or...more

Vinson & Elkins LLP

Is Everything Better in Moderation? Circuit Split on Content Moderation to Be Heard by SCOTUS

Vinson & Elkins LLP on

On February 26, 2024, the United States Supreme Court is set to hear oral argument in two cases currently before the Court, Moody v. NetChoice and NetChoice v. Paxton. At their core, these cases raise the question as to...more

Saiber LLC

The Supreme Court Addresses The First Amendment and Stalking via Facebook

Saiber LLC on

On June 27, 2023, the Supreme Court of the United States decided Counterman v. Colorado, holding, among other things, that the First Amendment required the criminal conviction of a man found guilty of stalking a woman through...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

Ballard Spahr LLP on

Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

Fox Rothschild LLP

The U.S. Supreme Court Creates a Problem it Sought to Solve

Fox Rothschild LLP on

With a few exceptions the Supreme Courts of the United States both in Washington and 50 state capitals are courts of “limited jurisdiction.” That is to say that they don’t hold trials and they essentially determine what cases...more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

Davis Wright Tremaine LLP

Supreme Court Hands Twin Victories to Online Services

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

Saiber LLC

Social Media Influencer Sues Facebook and Twitter

Saiber LLC on

In Hart v. Facebook Inc., et al., the United States District Court for the Northern District of California dismissed a social media influencer’s lawsuit against Facebook and Twitter for allegedly violating his First Amendment...more

Saiber LLC

The Supreme Court Gets a Second Shot at an Important First Amendment and Social Media Issue

Saiber LLC on

The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the...more

Saiber LLC

A Possible ‘High Noon’ for Social Media Platforms Looms at the Supreme Court

Saiber LLC on

The August 13, 2021 Trending Law Blog post discussed how, in NetChoice, LLC v. Attorney General, State of Florida, the United States District court for the Northern District of Florida enjoined Florida from enforcing a law...more

Lowenstein Sandler LLP

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

Lowenstein Sandler LLP on

Last week the New Jersey Appellate Division affirmed the dismissal of a lawsuit by an employee who alleged she had been wrongfully terminated based on her controversial Facebook post. In so doing, the court held that the...more

Vinson & Elkins LLP

Court Enjoins Texas Social Media “Censorship” Law

Vinson & Elkins LLP on

On December 1, 2021, Judge Pitman of the Western District of Texas granted a preliminary injunction to prevent the Texas Attorney General from enforcing HB 20. NetChoice v. Paxton. HB 20 prohibits large social media platforms...more

Womble Bond Dickinson

Pick Your Poison

Womble Bond Dickinson on

How would you prefer to be manipulated? If we weight your social media feed on what we know you like to see, then you will be showered with commercial clickbait. If we weight your social media feed by what is likely to spark...more

Bilzin Sumberg

Federal Court Blocks Florida Law Aimed at Social Media Giants

Bilzin Sumberg on

A federal judge recently blocked a Florida law that would have penalized social media companies for removing, or refusing to publish, posts by politicians. Florida legislators approved the legislation after Facebook, Twitter...more

Bilzin Sumberg

Industry Groups File Lawsuit Challenging Florida Social Media Law

Bilzin Sumberg on

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

FordHarrison

The First Amendment: Where it is Implicated, and Where it is Not

FordHarrison on

Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #258 – Misinformation on Social Media

The misinformation on social media about the election results (and other topics) is rampant. Social media companies like Twitter and Facebook are struggling with the balance between the First Amendment right to free speech...more

Jackson Walker

US Supreme Court Grabs Attention of Tech Giants as Past Immunity Granted by Section 230 Is Called Into Question

Jackson Walker on

While this was a big week for the United States Supreme Court with the confirmation of Associate Justice Amy Coney Barrett, Justice Clarence Thomas’ written statement following the Court’s October 12, 2020, decision in...more

Mintz - ML Strategies

Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

Mintz - ML Strategies on

On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more

Roetzel & Andress

Public Employee Loses First Amendment Retaliation Claim After Publicly Posting A Racial Slur On Facebook That Caused Sufficient...

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The Sixth Circuit Court of Appeals, in Bennett v. Metro. Gov’t of Nashville, recently addressed the issue of whether a public employee’s use of a racial slur when discussing politics on Facebook is sufficiently protected by...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 7, September 2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

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Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

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