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Social Media › Liability

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
DRI

Public Employees, Private Social Media Accounts, and the First Amendment: How Much did Lindke v. Freed Decide?

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Few people would call “social media” or “Supreme Court decisions” sources of national unity. That perception makes it ironic that, earlier this year, a case about social media managed to unify the Supreme Court....more

Dechert LLP

Dechert Re:Torts - Issue 15

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Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Morrison & Foerster LLP - Social Media

Social Links: April 2024

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As we reported in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media. In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted...more

Best Best & Krieger LLP

When Can a Government Official Limit Comments or Block Users on Social Media?

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In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on...more

Segal McCambridge

Free Speech – Where Do We Draw the Line

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In recent times, headlines have been dominated by instances where students, professors, and professionals engaged in inflammatory, anti-Semitic, racist, sexist, and offensive language. The fallout has led institutions to...more

Husch Blackwell LLP

Will FTC’s New Endorsement Guidelines Dent Usage of Social Media Influencers in 2024?

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In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were updated. Much has changed...more

White & Case LLP

Supreme Court Declines to Reconsider Foundational Principles of Internet Platform Liability

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On May 18, 2023, in Twitter, Inc. v. Taamneh, the Supreme Court issued a unanimous opinion declining to impose secondary liability on tech companies for allegedly failing to prevent ISIS from using their platforms for...more

Akerman LLP - Marks, Works & Secrets

SCOTUS: Social Media Companies Not Liable For Aiding And Abetting ISIS

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In Twitter, Inc. v. Taamneh, the Supreme Court unanimously held that social media companies are not liable for aiding and abetting the Islamic State of Iraq and Syria (ISIS) in its terrorist acts that victims claimed resulted...more

Sherman & Howard L.L.C.

TikTok Must Face the Music – Control Over Independent Contractors Creates Potential Liability For Mental Harm Caused by Content...

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TikTok’s use of “independent contractors” to review potentially problematic content will not protect the company from possible liability for the “psychological injury” that work is alleged to have caused. If anything, it may...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds that Social Media Posts May Give Rise to “Seller” Liability Under Section 12(a)(2) of the Securities Act of...

Sheppard Mullin Richter & Hampton LLP on

In Pino v. Cardone Capital, LLC, 2022 U.S. App. LEXIS 35278 (9th Cir. Dec. 21, 2022), the United States Court of Appeals for the Ninth Circuit (Lynn, J.) joined with the Eleventh Circuit in holding that a person may qualify...more

Hinch Newman LLP

FTC Attorney Tips for Ad Agencies and Review Sites Concerning Proposed Endorsement Guide Rule

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The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more

Holland & Knight LLP

FTC Set to Update Endorsement Guides on Social Media Advertising

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The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more

UB Greensfelder LLP

Highlights From SIFMA’s Compliance And Legal Seminar 2022

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I attended the four-day SIFMA Compliance and Legal seminar last week, and there were a bunch of interesting soundbites from regulators that folks might find interesting. The challenge at these conferences is always...more

Faegre Drinker Biddle & Reath LLP

Ho, Ho, Ho … Hold On … Did Legal Approve That?

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The holidays are upon us — and so too are holiday advertising campaigns. With an unusual holiday season last year, many retailers are gearing up for what they hope to be a robust holiday season. Even with concerns over supply...more

Jones Day

Australia's High Court Confirms Facebook Page "Owner" Responsible For Defamatory Comments by Third Parties

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Background  - Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more

Pillsbury - Internet & Social Media Law Blog

Can You #Hashtag the Liability Away?

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Social Media has gone from frontier to “settled land of influencers” when it comes to brand promotion. In 2020, social media ad revenues reached $41.5 billion, making up nearly 30 percent of all internet and ad revenue. The...more

Weintraub Tobin

Instagram Faces Claims That It Encouraged Media Companies To Illegally Embed Images Posted To Instagram By Users

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We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram. In that case, the court held that Instagram’s terms of use...more

Fenwick & West LLP

Section 230 and the Future of Content Moderation

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The Communications Decency Act of 1996 (CDA) was a landmark law enacted to regulate content on the internet. The purpose of the legislation was to regulate indecent and obscene material online, but it is most relevant today...more

Wiley Rein LLP

Three Ways the SAFE TECH Act Would Amend Section 230

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While we are still in the infancy of the Biden Administration, it is clear that bipartisan desire to amend Section 230 of the Communications Decency Act (“Section 230”) remains active. On February 8, 2021, Sen. Mark Warner...more

Pillsbury - Internet & Social Media Law Blog

The Misinformation of Capitol Hill: Section 230 and the Weaponization of Social Media

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Social media has experienced an unprecedented growth in popularity and usage since its inception. This is owed in large part to Section 230 of the Communications Decency Act. Unlike their print counterparts, internet...more

Spilman Thomas & Battle, PLLC

New Developments in the World of Section 230

Spilman Thomas & Battle, PLLC on

Nick Mooney and Joseph Schaeffer, Spilman Technology Law Practice Group Chairs, discuss proposed amendments from the Department of Justice, a recent statement from Justice Thomas on the Supreme Court’s “shadow docket,” and a...more

Faegre Drinker Biddle & Reath LLP

Online Communications and Content: How Section 230 Reform Has Catapulted into Relevancy

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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

Cooley LLP

Alert: NTIA Section 230 Petition Raises Significant Legal and Policy Issues at FCC

Cooley LLP on

The rules proposed by the US Department of Commerce’s National Telecommunications and Information Administration in its recent petition for rulemaking asking the Federal Communications Commission to interpret Section 230 of...more

Cooley LLP

Alert: NTIA Asks FCC to Broaden Internet Platforms’ Liability for Third-Party Content and Moderation Efforts

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In a petition for rulemaking filed on July 27, the US Department of Commerce’s National Telecommunications and Information Administration has asked the Federal Communications Commission to adopt new rules interpreting Section...more

Mintz - ML Strategies

The Implications of Trump's Executive Order and Section 230 of the Communications Decency Act

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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

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