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Online Platforms First Amendment

Morrison & Foerster LLP - Social Media

The Bipartisan TAKE IT DOWN Act Is Now Federal Law

President Donald Trump has signed the TAKE IT DOWN Act, a new federal law aimed at curbing the spread of non-consensual AI-generated pornography. The law makes it a criminal offense to create or share explicit deepfake images...more

Hinckley Allen

First of Its Kind Federal Legislation Addressing AI-Generated Deepfakes Signed Into Law

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On May 19, 2025, President Trump signed into law the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes Act, also known by the backronym the TAKE IT DOWN Act  (the “Act”), to combat deepfake revenge...more

Cozen O'Connor

Ohio AG Not Backing Down on Social Media Parental Consent Law

Cozen O'Connor on

Ohio AG Dave Yost announced plans to appeal a federal court decision that struck down the state’s Parental Notification by Social Media Operators Act, which would have required online platforms to obtain parental consent...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

ArentFox Schiff

California Law Seeking to Regulate Social Media Use by Minors Raises First Amendment Issues

ArentFox Schiff on

California recently enacted the Protecting Our Kids from Social Media Addiction Act, sparking pushback from online entities who argue the law is an unconstitutional restriction on children’s First Amendment rights and a...more

Vedder Price

NetChoice Succeeds in Striking Down Utah Social Media Law Under First Amendment

Vedder Price on

A federal court last week sustained a First Amendment challenge to a Utah law aimed at addressing the use of social media platforms by minors, holding that the law’s proponents failed to demonstrate that the law served a...more

Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....more

Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

Saiber LLC on

​​​​​​​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

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

Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

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The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

Hogan Lovells

Online Speech Showdown: Six Takeaways from Moody v. NetChoice

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The U.S. Supreme Court recently released its decision in Moody v. NetChoice, providing some much-needed guidance to lower courts on the application of the First Amendment to laws regulating content moderation practices of...more

Clark Hill PLC

SCOTUS Remands Social Media Content Moderation Cases and Signals Content Moderation as a First Amendment-Protected Activity

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The First Amendment still imposes some limits on the government’s ability to control what content appears online. On July 1, the United States Supreme Court issued its opinion in Moody v. NetChoice and NetChoice v. Paxton,...more

WilmerHale

What's Next After Major First Amendment Win For Online Companies In Supreme Court's NetChoice Decision?

WilmerHale on

On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Moody et. al., v. NetChoice, LLC, and NetChoice, LLC v. Paxton

On July 1, 2024, the U.S. Supreme Court decided Moody et. al., v. NetChoice, LLC, and NetChoice, LLC, v. Paxton, in which the Eleventh Circuit and Fifth Circuit Courts of Appeals had reached opposite decisions about a state’s...more

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

Carlton Fields on

The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murthy v. Missouri

On June 26, 2024, the U.S. Supreme Court decided Murthy v. Missouri, No. 23-411, holding that neither the individual plaintiffs nor the state plaintiffs established standing to seek an injunction prohibiting governmental...more

Dinsmore & Shohl LLP

Supreme Court Issues Warning for Public Officials Using Social Media

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“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lindke v. Freed

On March 15, 2024, the U.S. Supreme Court decided Lindke v. Freed, No. 22-611, holding that a public official who prevents someone from commenting on the official’s social media page engages in state action under 42 U.S.C. §...more

Frantz Ward LLP

Who Controls What We See and Post Online? U.S. Supreme Court to Decide Landmark Free Speech Case

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Earlier this week, the U.S. Supreme Court heard oral arguments in two cases which could drastically change the nature of internet discourse.  The cases, NetChoice v. Paxton and Moody v. NetChoice, involve Florida and Texas...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Cranfill Sumner LLP

Anti-Social Media Behavior, Free Speech and Governmental Liability: I – Lindke v. Freed

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In April 2023, the U.S. Supreme Court granted certiorari to a pair of cases dealing with the intersection of free speech, social media, and governmental liability.  Both cases deal with § 1983 actions against governmental...more

Buckingham, Doolittle & Burroughs, LLC

What is Section 230?

The Internet makes it easier than ever to connect with people around the world, share ideas and information, and have their voices heard regardless of whether they are a single individual with limited resources or a massive...more

Pillsbury - Internet & Social Media Law Blog

Federal Judge Blocks Montana’s TikTok Ban

A federal judge has blocked a Montana law banning the popular video sharing app TikTok, finding “little doubt” that it was “more interested in targeting China’s extensible role in TikTok than with protecting Montana...more

Dinsmore & Shohl LLP

SCOTUS Faces Social Media Dilemma: Can Public Officials Block Constituents?

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The United States Supreme Court will soon decide whether public officials may be liable for blocking constituents on social media. On October 31, 2023, the Court heard oral argument in O’Connor-Ratcliff v. Garnier and Lindke...more

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