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Social Media › Constitutional Challenges

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

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​​​​​​​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

Epstein Becker & Green

Two Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today

Epstein Becker & Green on

The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

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As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

Allen Matkins

Bank Runs And Social Media

Allen Matkins on

In this post from 14 years ago, I speculated as to whether California Financial Code Section 1327 was constitutional.  Two years later, the California Court of Appeal declared the statute unconstitutional.   Summit Bank v....more

Nossaman LLP

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

Nossaman LLP on

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

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Decide Federal Government’s Ability to Engage with Social Media Companies in Content Moderation

Robinson+Cole Data Privacy + Security Insider on

After previously finding that the Biden White House and the FBI likely violated First Amendment free speech protections for some users of online social media platforms, the Fifth Circuit expanded its ruling to find that the...more

Perkins Coie

More State Content Moderation Laws Coming to Social Media Platforms

Perkins Coie on

California and New York recently passed laws that seek to change how “social media platforms” and “social media networks” (both of which are broadly defined terms) design and report their content moderation practices. In...more

Tarter Krinsky & Drogin LLP

Law Brief ®: Richard Schoenstein and Ian Rosenberg Discuss the Fight for Free Speech

Tarter Krinsky & Drogin LLP on

On the latest Law Brief ® episode, Partner and Host Richard Schoenstein is joined by Ian Rosenberg, author of “The Fight for Free Speech,” to discuss the First Amendment, common misperceptions about the right to free speech,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

In this month's edition, we examine the Swiss data protection authority's comments on the validity of its data-sharing framework with the U.S., as well as the European Data Protection Board's guidance on joint controllers and...more

Robins Kaplan LLP

Financial Daily Dose 8.24.2020 | Top Story: TikTok Confirms Plans to Sue U.S. over Recent Executive Orders Targeting App

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More on TikTok’s plans to sue the U.S. over the White House’s recent executive orders seeking to block the app on American soil and force its owner, ByteDance, to sell its American assets. The company intends to argue that...more

Robins Kaplan LLP

Financial Daily Dose 8.11.2020 | Top Story: McDonalds Sues Former CEO Over Series of Workplace Affairs

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Eight months after firing its CEO, Steve Easterbrook, for “sexting with a subordinate,” McDonald’s has sued Easterbrook for allegedly “lying, concealing evidence and fraud” in what appears to be a series of other workplace...more

Proskauer - New Media & Technology

Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230

Proskauer - New Media & Technology on

The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform. On July 27, 2020, the Commerce Department submitted a...more

Robins Kaplan LLP

Financial Daily Dose 1.16.2020 | Top Story: US and China Make Phase One Official While Trade Questions Linger

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Well, Phase One is official, thanks to a White House signing yesterday that included Chinese Vice Premier Liu He. With that act comes our first substantive look at the deal that’s been thus-far shrouded in secrecy. Some...more

Ballard Spahr LLP

Ninth Circuit Reaffirms Its Broad Definition of ATDS in TCPA ; Rules Government Debt Exception Unconstitutional

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A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Duguid v. Facebook, Inc., has reaffirmed the broad reading of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic...more

Morrison & Foerster LLP - Social Media

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

Morrison & Foerster LLP - Social Media on

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

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