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First Amendment › Subpoenas › 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 -
Saul Ewing LLP

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

Saul Ewing LLP on

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Dorsey & Whitney LLP

The Supreme Court - October 3, 2022

Dorsey & Whitney LLP on

Today, on the first day of the new term, the Supreme Court of the United States granted certiorari in nine cases: Gonzalez v. Google LLC, No. 21-1333: Section 203(c)(1) of the Communication Decency Act shields an...more

Proskauer - New Media & Technology

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

Proskauer - New Media & Technology on

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

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

K&L Gates LLP on

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

Morrison & Foerster LLP - Social Media

Social Links: A seminal opinion on web scraping; Obama breaks Twitter record; court holds state’s subpoena law applies to digital...

Morrison & Foerster LLP - Social Media on

In an opinion granting a preliminary injunction preventing LinkedIn from blocking a startup’s use of information in LinkedIn profiles accessible to the entire public, the U.S. District Court for the Northern District of...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

Latham & Watkins LLP on

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Courts Parse First Amendment Protections for Anonymous Critics Online"

Skadden, Arps, Slate, Meagher & Flom LLP on

The Supreme Court has long recognized that the freedom of speech enshrined in the First Amendment extends to anonymous speech, noting that “persecuted groups and sects … throughout history have been able to criticize...more

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