Robert Nussbaum on First Amendment

Arkansas “Social Media Safety Act” Ruled Unconstitutional

On March 31, 2025, a judge of the United States District Court for the Western District of Arkansas, granted summary judgment for the plaintiff in NetChoice, LLC v. Griffin, a case in which NetChoice, an internet trade...more

5/1/2025 / Constitutional Challenges , Due Process , First Amendment , Injunctions , Online Safety for Children , Social Media , Summary Judgment , Unconstitutional Condition

The NetChoice Social Media Cases: Back to the Beginning

In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton...more

8/6/2024 / Case Consolidation , Constitutional Challenges , First Amendment , Moody v NetChoice LLC , NetChoice LLC v Paxton , Online Platforms , Petition for Writ of Certiorari , SCOTUS , Social Media , Social Networks , Split of Authority

The Supreme Court Addresses When Public Officials Can Block Social Media Followers

On March 15, 2024, the Supreme Court of the United States issued decisions in Lindke v. Freed and Garnier v. O’Connor-Ratcliff, two cases which involved when public officials can block social media followers and delete their...more

3/19/2024 / First Amendment , Public Officials , SCOTUS , Social Media , Social Networks

The Supreme Court Addresses The First Amendment and Stalking via Facebook

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

1/11/2024 / Counterman v Colorado , Criminal Convictions , Electronic Communications , Facebook , First Amendment , Reasonable Person Test , SCOTUS , Stalking , Vacated

The Second Circuit, The Second Amendment, and Social Media

On December 8, 2023, the United States Court of Appeals for the Second Circuit decided Antonyuk v. Chiumento, a case which challenged many provisions of New York’s law regulating the public carrying of firearms, the...more

12/28/2023 / Concealed Carry Permit , Concealed Weapons , Firearms , First Amendment , Gun Laws , New York State Rifle & Pistol Association Inc et al v Bruen Superintendent of New York State Police et al , SCOTUS , Second Amendment , Social Media

U.S. Supreme Court Agrees Grants Certiorari in the Two NetChoice Cases

In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more

11/2/2023 / Certiorari , First Amendment , Free Speech , NetChoice LLC v Paxton , Online Platforms , SCOTUS , Social Media , Social Networks , Split of Authority

Social Media Influencer Sues Facebook and Twitter

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

4/12/2023 / Biden Administration , Coronavirus/COVID-19 , Dismissals , Facebook , False Statements , First Amendment , Influencers , Social Networks , State Action Doctrine , Twitter

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

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

12/12/2022 / Blocking Power , Donald Trump , Facebook , First Amendment , Free Speech , Petition for Writ of Certiorari , Public Forum , Public Officials , Social Media , Twitter

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

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

11/18/2022 / Appeals , Facebook , First Amendment , Petition for Writ of Certiorari , Social Media , Social Networks , Split of Authority , Twitter

Texas Enjoined from Enforcing Law Targeting Some Social Media Platforms

The August 13, 2021 Trending Law Blog post discussed how the United States District court for the Northern District of Florida enjoined Florida from enforcing a law that targeted some, but not all, social media platforms...more

12/17/2021 / Appeals , Censorship , First Amendment , Injunctive Relief , Social Media

Florida Enjoined from Enforcing Law Targeting Some Social Media Platforms

Earlier this year, Florida enacted Senate Bill 7072 - The Stop Social Media Censorship Act - which imposed requirements and prohibitions on some, but not all, social media platforms relating to the speech hosted on their...more

8/16/2021 / Appeals , Censorship , First Amendment , New Legislation , Popular , Preemption , Preliminary Injunctions , Social Media , Social Networks

U.S. Supreme Court Upholds Student’s Off-Campus Free Speech Rights

The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First...more

8/9/2021 / Disciplinary Proceedings , First Amendment , Free Speech , Mahanoy Area School District v B.L. , Online Platforms , SCOTUS , Snapchat , Student Speech , Students , Tinker v Des Moines Independent Community School Dist.

The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court

The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d...more

5/11/2021 / Blocking Power , Donald Trump , First Amendment , Free Speech , Mootness , Public Forum , Public Officials , SCOTUS , Social Media , Twitter , Vacated , Viewpoint Discrimination

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