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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

Vinson & Elkins LLP

Is Everything Better in Moderation? Circuit Split on Content Moderation to Be Heard by SCOTUS

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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

Allen Matkins

Government Censorship By Proxy?

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Last week, I wrote about an unsuccessful challenge to the activities of the Office of Elections Cybersecurity within the California Secretary of State's office: Is The California Secretary of State Monitoring What You Publish...more

Allen Matkins

Is The California Secretary of State Monitoring What You Publish Online?

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In 2018, the California legislature established a "ministry of truth" within the California Secretary of State's office - the Office of Elections Cybersecurity.  By statute, the OEC has a duty “to monitor and counteract false...more

Saiber LLC

The Supreme Court Gets a Second Shot at an Important First Amendment and Social Media Issue

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The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the...more

Saiber LLC

A Possible ‘High Noon’ for Social Media Platforms Looms at the Supreme Court

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The August 13, 2021 Trending Law Blog post discussed how, in NetChoice, LLC v. Attorney General, State of Florida, the United States District court for the Northern District of Florida enjoined Florida from enforcing a law...more

Proskauer - New Media & Technology

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

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

Vinson & Elkins LLP

Court Enjoins Texas Social Media “Censorship” Law

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On December 1, 2021, Judge Pitman of the Western District of Texas granted a preliminary injunction to prevent the Texas Attorney General from enforcing HB 20. NetChoice v. Paxton. HB 20 prohibits large social media platforms...more

Bilzin Sumberg

Federal Court Blocks Florida Law Aimed at Social Media Giants

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A federal judge recently blocked a Florida law that would have penalized social media companies for removing, or refusing to publish, posts by politicians. Florida legislators approved the legislation after Facebook, Twitter...more

Bilzin Sumberg

Industry Groups File Lawsuit Challenging Florida Social Media Law

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On May 24, 2021, Florida’s governor signed into law legislation prohibiting social media companies from blocking political candidates seeking to use those companies’ websites to communicate with the sites’ users. Almost...more

Davis Wright Tremaine LLP

Is There a First Amendment Right to Tweet?

Last month, TikTok user @nas.alive asked people to answer the question: "What's one thing that is normal in your country but weird for the rest of the world?" It took off. Missing among the videos of bagged milk (Canada),...more

Saiber LLC

The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court

Saiber LLC on

The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d...more

Robins Kaplan LLP

Financial Daily Dose 3.9.2021 | Top Story: Troubled Greensill Capital Files for UK Bankruptcy Protection

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Recently troubled SoftBank-backed financing firm Greensill Capital has filed for bankruptcy protection in Britain, just weeks after its insurer “refused . . . to renew its coverage for the company’s loans” ...more

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

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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

FordHarrison

The First Amendment: Where it is Implicated, and Where it is Not

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Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #258 – Misinformation on Social Media

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

Mintz - ML Strategies

Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

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On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more

Spilman Thomas & Battle, PLLC

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

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

Nossaman LLP

Compliance Notes – Vol. 1, Issue 6

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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

Jackson Walker

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

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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

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

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With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Best Best & Krieger LLP

President’s Twitter Use a Cautionary Tale for Public Officials

The First Amendment continues to evolve to ensure speakers remain protected. This was recently substantiated by the Second Circuit U.S. Court of Appeals ruling in Knight First Amendment Institute at Columbia University,...more

Nossaman LLP

Trump's Tweets: A Warning That Public Officials' Personal Social Media Posts Might Actually Be The Government's

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A recent federal appeals court decision, Knight First Amendment Institute v. Trump, concluded that action taken by the President through the use of his personal, not just official White House, Twitter account was considered...more

Pillsbury - Internet & Social Media Law Blog

The “Commander-in-Tweet” Returns: When a Social Media Account Creates a Public Forum, Critics Get to Stay

Two years ago, we wrote about a possible First Amendment challenge involving Donald Trump’s practice of blocking certain Twitter users from his @realDonaldTrump account. ...more

Best Best & Krieger LLP

President Trump Can’t Block Twitter Users, U.S. Appellate Court Rules

The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government. The Second Circuit U.S. Court of Appeals ruled last week that public...more

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