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First Amendment › Social Media

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... more +
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 -
Bradley Arant Boult Cummings LLP

Dark Skies for Small Businesses Caught in Social Media Net

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A new Mississippi law, known as the Walker Montgomery Protecting Children Online Act, has prompted several companies to block Mississippi IP addresses from accessing their platforms. In fact, social media company Bluesky...more

Kelley Drye & Warren LLP

State AGs Again Urge Action to Protect Kids from Tech and AI Risks

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Last week, South Carolina Attorney General Alan Wilson proclaimed, “[i]f Congress won’t protect kids from Big Tech, states will.” State AGs from 27 states, led by the Utah Attorney General’s office, submitted an amicus brief...more

Kilpatrick

A New Age of Age Verification

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Laws that would require age verification before users can access online platforms are popping up across the county. While some laws have been found constitutional, courts are still drawing lines over what age verification...more

Franczek P.C.

School District Wins Appeal in Teacher’s First Amendment Challenge

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On August 23, 2025, the Seventh Circuit Court of Appeals affirmed an earlier ruling for Township High School District 211 in Hedgepeth v. Britton, et al., concerning the district’s dismissal of a high school teacher in...more

Saul Ewing LLP

D.C. Circuit Curbs Investigative Use of Omnibus Non-Disclosure Orders Under Stored Communications Act

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In a rare appellate ruling regarding the breadth of Section 2705 of the Stored Communications Act (“SCA”), the U.S. Court of Appeals for the D.C. Circuit held the government could not use a broad, prospective nondisclosure...more

Mogin Law LLP

DOJ: Undermining “Viewpoint Competition” Constitutes Antitrust Injury

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Just like any market in which competitors sell goods and services, the Department of Justice Antitrust Division argues that the marketplace of ideas, diversity of perspectives, and “viewpoint competition” are subject to...more

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

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Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Morrison & Foerster LLP - Social Media

Social Links: Warnings, Watch Time, and Ghosts in the Feed

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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

Husch Blackwell LLP

NYC ‘Subway Surfing’ Case Survives Summary Judgment

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On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more

Davis Wright Tremaine LLP

2025 Take It Down Act Seeks To Rein in Both Real and Computer-Generated Intimate Images

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On May 19, 2025, President Trump signed the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act" (the "Take It Down Act"), making a significant change to the regulatory...more

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

Franczek P.C. on

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Ice Miller

Parades, Protests, and Politics: Managing Off-Duty Conduct in the Workplace

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As the nation prepares to celebrate the Fourth of July with parades, fireworks, and barbeques, many employers may find themselves faced with a challenging issue—how to manage employee conduct that occurs off the clock,...more

Troutman Pepper Locke

Court of Appeals Blocks Texas AG From Enforcing Pre-Litigation Subpoena

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The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is...more

Snell & Wilmer

Ninth Circuit Holds School Board Trustee Liable for Blocking Public Comments on Her Social Media Account

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Recently, the Ninth Circuit had the opportunity to apply the U.S. Supreme Court’s test laid out in Lindke v. Freed (March 2024) to determine whether a public official’s use of social media is state action subject to First...more

EDRM - Electronic Discovery Reference Model

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

EDRM - Electronic Discovery Reference Model on

In Wenzler v. U.S. Coast Guard, 2025 WL 1445805 (Mar. 20, 2025), Wenzler alleged that he had been disenrolled from the voluntary U.S. Coast Guard Auxiliary based on his speech on social media.  Wenzler unsuccessfully asserted...more

Best Best & Krieger LLP

First Amendment Regulation of Social Media Use By Public Officials: Official or Personal Account?

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Public officials often ask whether the First Amendment restricts their activities on social media, particularly when they seek to delete comments or block individuals from accessing their accounts. Generally, in order for an...more

Morrison & Foerster LLP - Social Media

The Bipartisan TAKE IT DOWN Act Is Now Federal Law

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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

Morrison & Foerster LLP - Social Media

Social Links: AI, Age-Gating, and the COPPA Cabana

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CONGRESS MOVES TO BLOCK ALL STATE AI LAWS - In a late-night addition to a sweeping budget proposal, the House Energy and Commerce Committee inserted a provision in a large reconciliation package that would block state and...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

Kelley Drye & Warren LLP

Missouri Attorney General Introduces New Rule Requiring Social Media Companies to Offer Competitor Content Moderators

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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

Cozen O'Connor

Ohio AG Not Backing Down on Social Media Parental Consent Law

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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

Morrison & Foerster LLP - Social Media

Social Links: Statehouse v. Smartphone

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OHIO SOCIAL MEDIA LAW STRUCK DOWN - On April 16, 2025, a federal judge in Ohio ended the state’s ambitious plan to severely limit social media access for minors. The court permanently blocked Ohio’s Attorney General from...more

Saiber LLC

Arkansas “Social Media Safety Act” Ruled Unconstitutional

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On March 31, 2025, a judge of the United States District Court for the Western District of Arkansas, granted summary judgment for the plaintiff in NetChoice, LLC v. Griffin, a case in which NetChoice, an internet trade...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

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Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

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