Eric Goldman

JUNE 9, 2024

The court dismisses the case but gives the plaintiff the chance to amend the complaint to plead failure-to-warn and negligent design–because those arguments show up in virtually every 230 case now. . § 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.”

Lawsuit 88

Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

JUNE 20, 2023

[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).

Court 98

Court Failure-to-appear e-discovery e-records 98

Eric Goldman

MARCH 11, 2025

Less distressing but equally true (if only marginally less dated a cultural reference) is that the Internet is for porn. While online services inevitably get used for both types of content, service providers tend to treat them very differently, given that adult pornography is generally legal in the U.S. whereas CSAM is illegal everywhere.

Lawsuit 52

Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”

Lawsuit 64

Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

APRIL 17, 2025

TikTok defended on Section 230 grounds. Accordingly, plaintiffs seek to hold defendants liable for its exercise of a publisher’s traditional editorial functions. This case was originally transferred into the Northern District of California MDL , but the plaintiffs exited the MDL and pursued their own standalone action.

Lawsuit 64

Lawsuit Defendant Failure-to-appear Court 64

Eric Goldman

DECEMBER 29, 2023

Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

Lawsuit 98

Lawsuit Court Defendant Failure-to-appear 98

Berkley Technology Law Journal

OCTOBER 3, 2023

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?

Failure-to-appear 130

Failure-to-appear Court Defendant Federal law 130

Eric Goldman

SEPTEMBER 27, 2024

” I don’t know what “particular” third-party content means, but the statute doesn’t support any distinction based on “particular” and “non-particular” third-party content. .”

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Court Lawsuit Judge Defendant 105

Eric Goldman

MAY 26, 2025

The court says this isn’t a dispositive issue because “Judge Coogler would have come to the conclusion that Defendants were content providers and thus not entitled to immunity under Section 230 even if he had not considered Anderson.” May 6, 2025) Prior blog posts ( 1 , 2 ). The new judge denied this request as well.

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Defendant Failure-to-appear Court Judge 59

Eric Goldman

NOVEMBER 10, 2024

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). The parties agree to use the Roommates.com-inspired test that a defendant becomes an ICP when it “materially contributes to the unlawfulness of the conduct.” Is OnlyFans an ICP?

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Defendant Lawsuit Failure-to-appear Court 117