News & Analysis as of September 26, 2024

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

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

Vinson & Elkins LLP on 2/22/2024

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

Social Media Influencer Sues Facebook and Twitter

Saiber LLC on 4/12/2023

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

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

Saiber LLC on 12/12/2022

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

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

Saiber LLC on 11/18/2022

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

Court Enjoins Texas Social Media “Censorship” Law

Vinson & Elkins LLP on 1/6/2022

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

Federal Court Blocks Florida Law Aimed at Social Media Giants

Bilzin Sumberg on 7/20/2021

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

Industry Groups File Lawsuit Challenging Florida Social Media Law

Bilzin Sumberg on 6/8/2021

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

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

FordHarrison on 1/12/2021

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

Privacy Tip #258 – Misinformation on Social Media

Robinson+Cole Data Privacy + Security Insider on 11/6/2020

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

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

Jackson Walker on 10/31/2020

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

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

Mintz - ML Strategies on 10/29/2020

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

Decoded: Technology Law Insights - Issue 7, September 2020

Spilman Thomas & Battle, PLLC on 10/4/2020

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

Compliance Notes – Vol. 1, Issue 6

Nossaman LLP on 6/5/2020

Welcome to Volume 1, Issue 6 of Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes, and court cases involving campaign finance,...more

Second Circuit Affirms That President Trump Cannot Block Critics on Twitter

Wilson Sonsini Goodrich & Rosati on 7/18/2019

In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more

Practical Pointers: Social Media Guidelines for Public Officials (and the People who Advise Them)

Hogan Lovells on 7/18/2019

Social media has transformed the ways legislators and their staff interact with constituents. Through social media platforms, our elected officials share insights into the legislative process, communicate with constituents,...more

Second Circuit Holds That Blocking Users’ Access To Presidential Twitter Account Violates First Amendment

Faegre Drinker Biddle & Reath LLP on 7/16/2019

On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

Obermayer Rebmann Maxwell & Hippel LLP on 1/25/2019

In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

Politicians in Cyberspace: Fourth Circuit Holds That First Amendment Bars Officials From Blocking Users On Social Media

Poyner Spruill LLP on 1/15/2019

The Fourth Circuit has held that a Virginia politician who temporarily barred a constituent from her Facebook page violated the First Amendment. The ruling is the first appellate guidance analyzing the knotty issue of whether...more

Social Media Engagement - Top 10 Legal Issues and Risk Mitigation Strategies

Kilpatrick on 12/12/2018

While individuals can interact with celebrities, brands, and anyone else on social media with impunity and little legal risk, companies may not. Companies and the brands they manage occupy a different space because companies...more

The Public Square Has Gone Online - BB&K Attorneys Christine Wood And HongDao Nguyen Write About Public Officials’ Social Media...

Best Best & Krieger LLP on 8/24/2018

Social media is the modern-day public square. Facebook, Twitter and other social media platforms have effectively harnessed technology to turn communication into an interactive dialogue — fundamentally shifting the way...more

The First Amendment and Social Media Commentary

Jackson Walker on 7/5/2018

Social media platforms like Facebook and Twitter typically allow users to delete unwanted commentary or block others with whom they disagree from posting on the user’s page or post. The subject matter of the offending...more

Fake and Consequences: Weathering the Reputational Risks and Financial Fallout of “News” that Abuses

Pillsbury - Internet & Social Media Law Blog on 8/14/2017

In today’s political climate, the phrase “fake news” gets bandied about quite a bit. In addition to its more traditional meaning—news that is false, purposefully misrepresented or outright propaganda—fake news is also...more

Federal Court rules that Elected Official Violated First Amendment when Banning Commenter on the Official’s Public Facebook Page

Tucker Arensberg, P.C. on 8/4/2017

The District Court for the Eastern District of Virginia issued a recent decision that that should remind public officials and employees that if they have social media websites (Facebook, Twitter, etc.), the websites may be...more

Social Links: Court disallows firing over Facebook page rant; Ether threatens Bitcoin’s reign as top digital currency; NBA slam...

Morrison & Foerster LLP - Social Media on 6/12/2017

One year since agreeing with the European Commission to remove hate speech within 24 hours of receiving a complaint about it, Facebook, Microsoft, Twitter and YouTube are removing flagged content an average of 59% of the...more

Who’s Responsible for Policing Fake News?

Jackson Walker on 12/20/2016

For many of us, gone are the days of reading the morning newspaper over a cup of coffee. Instead, the majority of U.S. adults now obtain their news via social media. We’ve grown accustomed to having information at our...more

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