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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. A quick reminder about the cases: both involve terrorist attacks where the plaintiffs allege that terrorist organizations used social media to post and disseminate their content.

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California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)

Technology & Marketing Law Blog

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. is not foreign-owned, terrorist-owned, etc. The CJPA doesn’t ensure any new investments in journalism or discourage looting of journalist organizations. For more on this topic, see Ashutosh A.

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Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Technology & Marketing Law Blog

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Rather, when a user visits Facebook or Twitter, for instance, she sees a curated and edited compilation of content from the people and organizations that she follows.

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The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton

Technology & Marketing Law Blog

If you want a distillation of this decision, consider this line: “Far from justifying pre-enforcement facial invalidation, the Platforms’ obsession with terrorists and Nazis proves the opposite.” If that’s your kind of Kool-Aid, then you will like this opinion. ” THE JUDGE SAID WHAT???

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Can algorithmic justice be just? …if it’s quick enough?

Kluwer Copyright Blog

On the 16 th of October 2020, one year ago, a middle-school teacher, Samuel Paty, was beheaded by a terrorist who would not know of his existence if not for a number of videos posted on social media, against which Mr. Paty had filed for defamation with the local police. Photo by Rafael Garcin on Unsplash.