Remove topics scienter
article thumbnail

Retweets ? Endorsements (As a Matter of Law)–Flynn v. CNN

Technology & Marketing Law Blog

This retweet will surely be a key topic in CNN’s deposition of Jack. Flynn) normally isn’t enough, but perhaps they had otherwise cast themselves into the public eye enough to trigger the higher scienter standards. Just being a family member of a high-profile figure (Gen.

Law 113
article thumbnail

The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

Technology & Marketing Law Blog

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. ” That scienter does not carry the day. Plaintiffs have not made that showing. (“Nonfeasance” is a tautology.

article thumbnail

Catching Up on Recent FOSTA Developments (None of Them Good)

Technology & Marketing Law Blog

Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. Students: this post surfaces numerous potential paper topics. Scienter about sex trafficking. Section 230.

Blogging 120