New York Law Journal | Analysis
By Peter Brown | October 7, 2022
Two states, Texas and Florida, enacted legislation to control social media companies' discretion in removing controversial political, medical and opinion speech. Both sets of laws were subject to immediate legal challenges and this column has followed the progress of these litigations.
New York Law Journal | Analysis
By Shari Claire Lewis | August 15, 2022
Challenges to the Florida and Texas laws—and to similar laws that may be enacted elsewhere in the country—undoubtedly are destined to be finally resolved by the Supreme Court.
By Cedra Mayfield | August 9, 2022
"It is true that statements containing opinion are not actionable, but the analysis does not simply end there," argued appellant attorney Andrew M. Ruberti. "There's not a wholesale defamation exception for anything that might be labeled 'opinion.'"
By Colleen Murphy | June 29, 2022
Sergeant Stefani McMichael-Gombar was suspended for a private Facebook post which allegedly violated the Phoenix Police Department's Social Media Policy, according to the opinion. Although the content of the post was not included in the court record, the Phoenix New Times reported that a team of Philadelphia attorneys had published "hundreds of offensive Facebook posts" made by Phoenix Police Officers.
By Cedra Mayfield | June 23, 2022
"The court determined that there was 'no reasonable probability' of harm, invoking the standard typically applicable to nonconstitutional errors, rather than applying the 'beyond a reasonable doubt' standard that applies to most constitutional errors, including errors arising from juror misconduct," read the Supreme Court of Georgia decision.
By Meghann M. Cuniff | June 22, 2022
The ruling stops short of the drastic measures the judge mulled during oral argument.
By Jim Saunders | June 21, 2022
The law, approved by the Republican-controlled Legislature and Gov. Ron DeSantis, targeted companies such as Facebook and Twitter over decisions to remove politicians and other users from the social-media platforms.
By Colleen Murphy | June 16, 2022
The New Mexico Supreme Court agreed with the legal framework used by the intermediate appeals court to authenticate screenshots of a Facebook Messenger conversation, but not its determination that the district court had abused its discretion.
By Avalon Zoppo | May 9, 2022
An appeals court granted a re-trial after a woman missed nearly an entire day of testimony because of tech issues.
By Avalon Zoppo | April 29, 2022
Despite siding with police on qualified immunity, the panel said the underlying arrest may not have been not warranted.
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