News & Analysis as of

Censorship

Katten Muchin Rosenman LLP

US House of Representatives Pass the Take it Down Act

On April 28, 2025, the US House of Representatives voted 409-2 to pass S.146, the Take it Down Act. The bill aims to stop the misuse of Artificial Intelligence (AI) created illicit imagery and Deepfake Abuse. The bill will...more

BCLP

Mark Meador’s Confirmation Unlikely to Lead to Major Changes at the FTC

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On Thursday, April 10, the U.S. Senate voted to confirm Mark Meador as a Commissioner of the FTC. Previously, it was expected that Meador’s confirmation would lead to significant changes at the FTC, as his presence on the...more

EDRM - Electronic Discovery Reference Model

Escaping Orwell’s Memory Hole: Why Digital Truth Should Outlast Big Brother

George Orwell warned us in his dark masterpiece Nineteen Eighty-Four how effortlessly authoritarian regimes could erase inconvenient truths by tossing records into a “memory hole”—a pneumatic chute leading directly to...more

Sheppard Mullin Richter & Hampton LLP

FTC Requests Input from Tech Platform Users About Speech

The Federal Trade Commission recently requested public comment from users of tech platforms. In particular, the impact the platforms may have on user speech. Input is sought -by May 21- on the extent to which tech firms are...more

McCarter & English, LLP

Federal Trade Commission Launches an Inquiry into Censorship by Big Tech Platforms

On February 20, 2025, the Federal Trade Commission (FTC) initiated a public inquiry regarding whether any technology platforms, including social media, communications, and other internet service providers, have violated the...more

BCLP

FTC Chair Requests Information on Big Tech “Censorship”

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On Thursday, February 20, 2025, FTC Chairman Andrew Ferguson announced a Request for Information (RFI) for “public submissions from anyone who has been a victim of tech censorship (banning, demonetization, shadow banning,...more

Cozen O'Connor

FTC Launches Inquiry into Censorship in Technology Platforms

Cozen O'Connor on

The FTC announced the launch of a public inquiry into how technology platforms engage in censorship. In agency’s Request for Information explains that it seeks information from members of the public about how technology...more

Katten Muchin Rosenman LLP

FTC Requests Public Comments on Technology Platform Censorship

In one of its first actions after establishing new leadership, the United States Federal Trade Commission has issued a request for public comment "to better understand how technology platforms deny or degrade (such as by...more

Hogan Lovells

FTC opens discussion on “Technology Platform Censorship”

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The FTC recently requested public comment “to better understand how technology platforms deny or degrade (such as by ‘demonetizing’ and ‘shadow banning’) users’ access to services based on the content of the users’ speech or...more

Akin Gump Strauss Hauer & Feld LLP

President Trump’s Freedom of Speech Order Takes Aim at Social Media, Broadcasters

President Donald Trump’s Executive Order titled, “Restoring Freedom of Speech and Ending Federal Censorship” is the Administration’s first step to pursue the President’s content moderation goals for social media and broadcast...more

Akin Gump Strauss Hauer & Feld LLP

Restoring Freedom of Speech and Ending Federal Censorship (Trump EO Tracker)

Summary - This order limits the federal government’s ability and the use of taxpayer resources to abridge free speech of American citizens and to take action to correct prior incidents of suppression. It also directs...more

Vinson & Elkins LLP

Trump Administration 2.0 – Tech Transactions Update

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The incoming Trump administration is expected to make several policy changes likely to impact tech transactions. President-elect Donald Trump has promised to reduce regulation and cut federal bureaucracy, which he says have...more

Morrison & Foerster LLP - Social Media

Social Links: July 2024

In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake...more

Pillsbury - Internet & Social Media Law Blog

In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

Pillsbury - Internet & Social Media Law Blog

In Murthy v. Missouri, SCOTUS Focus on Plaintiff Standing Sidesteps Underlying, Larger First Amendment Questions

A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech,...more

Snell & Wilmer

Supreme Court Clarifies First Amendment and Standing Standards Applicable to Social Media Content Moderation Policy Challenges

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Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...more

Holland & Knight LLP

Religious Institutions Update: July 2024

Holland & Knight LLP on

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Dorsey & Whitney LLP

The Supreme Court Update - June 26, 2024

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The Supreme Court of the United States issued two decisions today: Murthy v. Missouri, No. 23-411: This case involves challenges to federal government communications with social media companies related to content...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2024

Welcome to the fourth issue of The Academic Advisor for 2024. We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more

Sunstein LLP

Data Brokers May Need to Avoid: Selling Personal Information to Foreign Adversaries

Sunstein LLP on

On March 20, 2024 the U.S. House of Representatives unanimously approved a privacy-related bill, H.R. 7520 (the “Data Broker Bill).” This comes on the heels of another privacy-related bill approved by the House on March 13,...more

Nossaman LLP

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

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In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...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

Fox Rothschild LLP

Public Official’s Use of Social Media May Trigger First Amendment Scrutiny

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The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and...more

Blake, Cassels & Graydon LLP

Projet de loi C-63 du Canada : La Loi sur les préjudices en ligne cible le contenu préjudiciable sur les médias sociaux

Le 26 février 2024, le gouvernement fédéral a présenté le projet de loi C-63 (le « projet de loi »), qui édicterait la Loi sur les préjudices en ligne (la « Loi ») et établirait le premier régime fédéral visant à modérer le...more

Blake, Cassels & Graydon LLP

Canada’s Bill C-63: Online Harms Act Targets Harmful Content on Social Media

On February 26, 2024, the federal government tabled Bill C-63 (Bill), which would enact the Online Harms Act (Act) and establish Canada’s first federal online content moderation regime....more

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