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N.J. App. Div. Permits Teacher’s Defamation Suit Based on Social Media Posts to Proceed

On October 24, 2024, the Appellate Division in New Jersey issued a decision in Herman v. Muhammad affirming a trial court’s denial of a motion to dismiss a defamation and false light invasion of privacy action filed by a...more

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

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

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

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

When Social Media Posts Are Discoverable in New Jersey

On March 16, 2023, the Appellate Division in New Jersey issued a decision in Davis v. Disability Rights New Jersey, which set forth guidelines for when a litigant’s private social media posts may be subject to discovery by...more

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

The NetChoice LLC Texas Case: Stay by Fifth Circuit Vacated by the Supreme Court

The December 16, 2021 post “Texas Enjoined from Enforcing Law Targeting Social Media Platforms” reported how on December 1, 2021 a federal court in Texas enjoined enforcement of a law which would have limited a large number...more

Always Click the User Agreement Link!

In a recent case decided by the Appellate Division in New Jersey - Vercammen v. LinkedIn Corp. - the court affirmed the dismissal of a lawsuit filed by a New Jersey attorney who had his LinkedIn premium membership terminated...more

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

Southern District of New York Rejects Ninth Circuit’s Copyright Analysis Regarding Embedded Images

In a recent case, Nicklen v. Sinclair Broadcast Group, Inc., the United States District Court for the Southern District of New York, rejecting the rationale of a case decided by the United States Court of Appeals for the...more

N.J. Supreme Court Dismisses Disciplinary Charges Against Attorney for Alleged Ethics Violation Involving the Use of Social Media

The June 4, 2020 Trending Law Blog post discussed the New Jersey Supreme Court’s Disciplinary Review Board (“DRB”) recommendation to the Supreme Court that a New Jersey attorney receive an admonition for instructing a...more

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

An Attorney’s Consequences for Making Injudicious Comments on Social Media

In a 28 page decision issued earlier this year, which the Supreme Court of Tennessee described as “a cautionary tale on the ethical problems that can befall lawyers on social media,” the court increased a lawyer’s 60 day...more

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