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First Amendment Appeals 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 -
Kohrman Jackson & Krantz LLP

TikTok on the Chopping Block: Will the U.S. Ban the Popular Social Media App?

On September 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the seminal case of TikTok, Inc. v. Garland, which centers around the potential ban of TikTok under the Protecting...more

Morgan, Brown & Joy, LLP

The First Circuit Court of Appeals Finds A Public School Teacher’s Social Media Posts Are Not Constitutionally-Protected Speech

On June 28, 2024, the U.S. Court of Appeals for the First Circuit issued MacRae v. Mattos, a case involving a public school teacher’s First Amendment speech rights. Shortly before being hired as a teacher at Hanover High...more

Morrison & Foerster LLP - Social Media

Supreme Court Clarifies The Boundaries Of Public Official Liability On Social Media

In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Issues Key Decisions on Public Officials’ Use of Social Media and Ability to Block Commenters

On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...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

Saiber LLC

Texas Enjoined from Enforcing Law Targeting Some Social Media Platforms

Saiber LLC on

The August 13, 2021 Trending Law Blog post discussed how the United States District court for the Northern District of Florida enjoined Florida from enforcing a law that targeted some, but not all, social media platforms...more

Saiber LLC

Florida Enjoined from Enforcing Law Targeting Some Social Media Platforms

Saiber LLC on

Earlier this year, Florida enacted Senate Bill 7072 - The Stop Social Media Censorship Act - which imposed requirements and prohibitions on some, but not all, social media platforms relating to the speech hosted on their...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

Poyner Spruill LLP

Politicians in Cyberspace: Fourth Circuit Holds That First Amendment Bars Officials From Blocking Users On Social Media

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The Fourth Circuit has held that a Virginia politician who temporarily barred a constituent from her Facebook page violated the First Amendment. The ruling is the first appellate guidance analyzing the knotty issue of whether...more

Seyfarth Shaw LLP

Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline

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Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

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