News & Analysis as of

Free Speech Online Platforms First Amendment

Pillsbury - Internet & Social Media Law Blog

In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

Pillsbury - Internet & Social Media Law Blog

In Murthy v. Missouri, SCOTUS Focus on Plaintiff Standing Sidesteps Underlying, Larger First Amendment Questions

A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech,...more

Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

Bilzin Sumberg on

The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

Clark Hill PLC

SCOTUS Remands Social Media Content Moderation Cases and Signals Content Moderation as a First Amendment-Protected Activity

Clark Hill PLC on

The First Amendment still imposes some limits on the government’s ability to control what content appears online. On July 1, the United States Supreme Court issued its opinion in Moody v. NetChoice and NetChoice v. Paxton,...more

WilmerHale

What's Next After Major First Amendment Win For Online Companies In Supreme Court's NetChoice Decision?

WilmerHale on

On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

Carlton Fields on

The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Dinsmore & Shohl LLP

Supreme Court Issues Warning for Public Officials Using Social Media

Dinsmore & Shohl LLP on

“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lindke v. Freed

On March 15, 2024, the U.S. Supreme Court decided Lindke v. Freed, No. 22-611, holding that a public official who prevents someone from commenting on the official’s social media page engages in state action under 42 U.S.C. §...more

Frantz Ward LLP

Who Controls What We See and Post Online? U.S. Supreme Court to Decide Landmark Free Speech Case

Frantz Ward LLP on

Earlier this week, the U.S. Supreme Court heard oral arguments in two cases which could drastically change the nature of internet discourse.  The cases, NetChoice v. Paxton and Moody v. NetChoice, involve Florida and Texas...more

Cranfill Sumner LLP

Anti-Social Media Behavior, Free Speech and Governmental Liability: I – Lindke v. Freed

Cranfill Sumner LLP on

In April 2023, the U.S. Supreme Court granted certiorari to a pair of cases dealing with the intersection of free speech, social media, and governmental liability.  Both cases deal with § 1983 actions against governmental...more

Pillsbury - Internet & Social Media Law Blog

Federal Judge Blocks Montana’s TikTok Ban

A federal judge has blocked a Montana law banning the popular video sharing app TikTok, finding “little doubt” that it was “more interested in targeting China’s extensible role in TikTok than with protecting Montana...more

Saiber LLC

U.S. Supreme Court Agrees Grants Certiorari in the Two NetChoice Cases

Saiber LLC on

​​​​​​​In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more

Dickinson Wright

Unraveling the Debate on Free Speech: An Analysis of the Ruling Against Dr. Jordan Peterson

Dickinson Wright on

Navigating the intricate balance between freedom of speech and the confines of a regulated profession is not easy these days, especially with the prevalence of social media. This was precisely the challenge the Ontario...more

Allen Matkins

Government Censorship By Proxy?

Allen Matkins on

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?

Allen Matkins on

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

Cozen O'Connor

#NoFilter: Can States Regulate the Content of Social Media Platforms?

Cozen O'Connor on

In this edition of #NoFilter, we will examine a recent September 16, 2022, decision from the Fifth Circuit Court of Appeals upholding a Texas state law impacting the power of social media platforms to moderate content on...more

Davis Wright Tremaine LLP

Supreme Court Is Positioned To Consider The Future Of The First Amendment Online

A series of recent and dramatic developments have squarely raised the question of how much latitude the government has under the First Amendment to regulate social media platforms. It will likely not be long before this issue...more

Tucker Arensberg, P.C.

The Authority to Punish Lewd Speech is Limited Once a Student Exits School Grounds

Tucker Arensberg, P.C. on

Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more

Saiber LLC

U.S. Supreme Court Upholds Student’s Off-Campus Free Speech Rights

Saiber LLC on

The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First...more

Bilzin Sumberg

Federal Court Blocks Florida Law Aimed at Social Media Giants

Bilzin Sumberg on

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

Bilzin Sumberg on

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

Husch Blackwell LLP

Mahanoy Area School District v. B.L. – The Student Free Speech Case Every Public School Administrator Should Know About

Husch Blackwell LLP on

On April 28th, the Supreme Court of the United States heard oral arguments in Mahanoy Area School District v. B.L., a student free speech case that every public school district in the country needs to be watching...more

Rumberger | Kirk

Justices Show Little Spirit for Expanding Tinker: SCOTUS Wrestles with Appropriate Standard for Regulating Off-Campus Student...

Rumberger | Kirk on

In 1969, the Supreme Court recognized both that students do not surrender their First Amendment rights at the schoolhouse gates, but that schools do have the right to discipline students for speech that could cause...more

Franczek P.C.

United States Supreme Court Hears Argument in Historic Student Speech Case

Franczek P.C. on

Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide