New Developments in the World of Section 230
Trump vs. Twitter: The Feud Over Section 230 and Online Censorship
YouTube TV is thriving, and its rivals want a piece of the action. Recently, media ratings giant Nielsen confirmed that YouTube is now not only the most-watched streaming service in the United States, but also the...more
Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the “MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Ask FCC to Answer Their Call to Restrict Use of AI...more
19 Republican AGs, joined by Republican legislative leaders from Arizona, filed an amicus brief in U.S. Supreme Court cases Moody v. NetChoice and NetChoice v. Paxton, supporting Florida and Texas laws, respectively, that bar...more
Are Automakers Making Sufficient Efforts to Protect Customer Data? With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National...more
21 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit asking it to overturn a preliminary injunction barring communication between federal officials and agencies and social-media...more
A recent and ongoing case, In re Murthy, regarding social media platforms’ censorship of free speech, included discovery from the White House Office of the Press Secretary. This discovery brings former Biden Press Secretary...more