News & Analysis as of September 11, 2025

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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... 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 -

Platforms Face Section 230 Shift From Take It Down Act

Troutman Pepper Locke on 9/9/2025

On May 19, President Donald Trump signed the Take It Down Act into law. The act will have an immediate impact on platform providers, which will be required to actively monitor and, in many cases, censor the speech of their...more

President Trump’s Freedom of Speech Order Takes Aim at Social Media, Broadcasters

Akin Gump Strauss Hauer & Feld LLP on 1/28/2025

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

Posts, Profits, & Penalties | Tax Law & Social Media | Part 1

Freeman Law on 1/23/2025

A popular social media platform has been a hot topic for lawmakers, the media, and its users recently, and what a better way to kick off this series than to provide a summary and update of its status in the United States....more

Social Links: TikTok’s Wild Ride

Morrison & Foerster LLP - Social Media on 1/23/2025

In a rare unanimous decision, on January 17, the U.S. Supreme Court upheld a law that bans TikTok in the United States on national security grounds so long as it has its current ownership structure. TikTok chose to make the...more

Restoring Freedom of Speech and Ending Federal Censorship

Akin Gump Strauss Hauer & Feld LLP on 1/22/2025

This order limits the federal government’s ability and the use of taxpayer resources to abridge free speech of American citizens and to take action to correct prior incidents of suppression. It also directs investigation into...more

Vibe Check on TikTok: Legal Changes May Force App to Take the L

DarrowEverett LLP on 1/8/2025

The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which...more

TikTok on the Clock: Proposed Legislation to Unwind TikTok from Ownership Group

McGlinchey Stafford on 3/21/2024

On March 13, 2024, the U.S. House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act) in a bipartisan vote, which would require the popular social media site TikTok...more

Executive Orders on Pause: WeChat and TikTok Bans Temporarily Suspended

Sheppard Mullin Richter & Hampton LLP on 9/23/2020

On Saturday, two actions put a stop, at least temporarily, to the U.S. shutdown of the popular social media apps WeChat and TikTok. WeChat - On September 19, 2020, a California Federal Magistrate Judge issued a...more

WeChat and TikTok Sanctions Not to Come Into Effect Sept. 20

Orrick, Herrington & Sutcliffe LLP on 9/21/2020

Late last week, a Magistrate Judge for the U.S. District Court for the Northern District of California issued an order granting a motion for a nationwide preliminary injunction forbidding implementation of sanctions against...more

Trump vs. Twitter: The Feud Over Section 230 and Online Censorship

Spilman Thomas & Battle, PLLC on 9/17/2020

As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...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

The Gray Area of Social Media: When Politics and Democracy Collide

Jackson Walker on 12/9/2019

Widely considered a star of social media, Alexandria Ocasio-Cortez backed down from a Twitter fight in the form of a lawsuit filed by one of her Twitter followers. The suit, filed by former New York assemblyman Dov Hikind,...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

Key Lessons for School Officials and Other Public Employees from Recent Court Decision on Trump’s Twitter Account

Franczek P.C. on 7/17/2019

As technology and social media continue to develop, so do legal questions surrounding their use by public entities and employees. On July 9, 2019, the Second Circuit Court of Appeals in Knight First Amendment Institute v....more

Second Circuit Affirms That President Trump's Blocking of Opponents on His Twitter Account Violates First Amendment

Ballard Spahr LLP on 7/11/2019

The U.S. Court of Appeals for the Second Circuit yesterday became the third federal circuit court to hold that the interactive space of a government official’s social media account is subject to First Amendment strictures. In...more

Can’t Block This!—Best Practices for Your Company’s Social Media Policy

FordHarrison on 6/12/2018

Federal Judge Naomi Reice Buchwald ruled that President Trump could not block certain Twitter users from viewing his tweets, and that doing so was in violation of the U.S. Constitution. ...more

First Amendment Watchdogs Warily Regard Passage of FOSTA

Jackson Walker on 5/1/2018

In March, the Senate almost unanimously passed the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). On April 11, President Trump signed FOSTA into law. As the name implies, Congress’ goal is to give law...more

Understanding The First Amendment

Jackson Walker on 1/30/2018

Hello. The First Amendment here. So many people are talking about me these days, including people in high office, that I thought it was time I spoke for myself. For my intro song as I walk on stage to speak for a minute or...more

Stumbling “Blocks”: When Is Social Media Moderation a First Amendment Violation?

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

As we previously discussed in our post “The ‘Commander-in-Tweet’ and the First Amendment,” the POTUS was criticized by the Knight First Amendment Institute for blocking certain Twitter users from his @realDonaldTrump account....more

The “Commander-in-Tweet” and the First Amendment

Pillsbury - Internet & Social Media Law Blog on 7/6/2017

Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it’s possible if that account is @realDonaldTrump. As we have mentioned before, Donald...more

The Trump Administration Retweets and Retreats

Jackson Walker on 4/25/2017

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about...more

Presidents and the Press

Jackson Walker on 2/1/2017

Here’s a quiz for you. Match the President to the quote: “He uses tweets to go directly to the public while bypassing journalists.” “[The President] directed [name] to make speeches attacking newspapers and the...more

The First Amendment: Without a Friend in the 2016 Election Cycle?

Jackson Walker on 10/28/2016

With Election Day less than two weeks away, it’s an interesting time for the First Amendment. Unlike the Second Amendment where party lines appear strong, the 2016 presidential candidates’ stance on First Amendment issues and...more

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