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

What is Section 230?

Buckingham, Doolittle & Burroughs, LLC on 12/21/2023

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

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Proskauer - New Media & Technology on 7/13/2022

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Should CDA Section 230 Be Changed?

Womble Bond Dickinson on 1/27/2021

In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...more

Privacy Tip #258 – Misinformation on Social Media

Robinson+Cole Data Privacy + Security Insider on 11/6/2020

The misinformation on social media about the election results (and other topics) is rampant. Social media companies like Twitter and Facebook are struggling with the balance between the First Amendment right to free speech...more

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

K&L Gates LLP on 2/19/2019

Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Supreme Court Declares First Amendment Interest in Access to Social Networks

Fenwick & West LLP on 6/23/2017

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

Supreme Court Decides Packingham v. North Carolina, No. 15-1194.

Faegre Drinker Biddle & Reath LLP on 6/20/2017

On June 19, 2017, the United States Supreme Court decided Packingham v. North Carolina, No. 15-1194, holding that a North Carolina statute that bars registered sex offenders from accessing social networking websites that...more

Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court.

Poyner Spruill LLP on 11/7/2016

The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham,...more

Businesses rejoice but poster beware: Yelp ordered to identify anonymous reviewer

Robinson+Cole Data Privacy + Security Insider on 9/22/2015

Many business have suffered the misery and frustration of a harshly negative, anonymous online review. That anonymity, critics argue, frees the reviewer from worries about the need for accuracy and, worse yet, encourages the...more

Are You Ready for the Attack? Online Brand and Reputation Protection

Goulston & Storrs PC on 7/9/2015

It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

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