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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Danielle Keats Citron is Right, Protecting Intimate Privacy is a Freedom of Expression Issue

Berkley Technology Law Journal

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

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Armslist Defeats Lawsuits Over Illegal Gun Sales (Without Section 230’s Help)–Webber v. Armslist

Eric Goldman

But the failure to prevent unlawful conduct is alone insufficient to state a claim for aiding and abetting. Armslist publishes users’ classified ads for guns. Two estates sued Armslist for allegedly facilitating illegal gun sales that led to murders. My blog post on the district court rulings. In this case, the answer is no.

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A Roundup of Recent Section 230 Decisions Involving Sex Abuse or CSAM

Eric Goldman

is directly on point; the Court held that willful ignorance of a provider, without more, cannot sustain a violation of a sex trafficking statute such as 2252 or 2252A… Plaintiffs here have notand it appears they cannotallege that Apple knew of the specific five CSAM videos sent to Doe, nor of the CSAM videos that Doe sent back.”