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2023 Quick Links: Section 230

Eric Goldman

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Puppies, 2020 Ariz. LEXIS 851 (Az.

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Section 230 Immunizes Snap, Even if It’s “Inherently Dangerous”–L.W. v. Snap

Eric Goldman

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Instagram Defeats Lawsuit Claiming It Was a “Breeding Ground” for Sex Traffickers–Doe v. Backpage

Eric Goldman

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.”

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Grindr Defeats FOSTA Claim–Doe v. Grindr

Eric Goldman

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.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Eric Goldman

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Section 2(c) is a viewpoint-neutral trademark law.

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Section 230 Immunizes OnlyFans for User-Uploaded Video–Doe v. Fenix

Eric Goldman

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and repeal Section 230 in the near future. Charles and Romelus filmed each other while they raped Plaintiff.

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Five Decisions Illustrate How Section 230 Is Fading Fast

Eric Goldman

” The court distinguishes a long list of precedents that it says don’t apply because they “involved state action that interfered with messaging or other expressive conduct—a critical element that is not present in the case before this court.”

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