Justia Internet Law Opinion Summaries
C1.G v. Siegfried, et al.
Plaintiff-Appellant Cl.G., on behalf of his minor son, C.G., appealed a district court’s dismissal of his case against Defendants-Appellees Cherry Creek School District (District or CCSD) and various employees for alleged constitutional violations stemming from C.G.’s suspension and expulsion from Cherry Creek High School (CCHS). In 2019, C.G. was off campus at a thrift store with three friends. He took a picture of his friends wearing wigs and hats, including “one hat that resembled a foreign military hat from the World War II period.” C.G. posted that picture on Snapchat and captioned it, “Me and the boys bout [sic] to exterminate the Jews.” C.G.’s post (the photo and caption) was part of a private “story,” visible only to Snapchat users connected with C.G. on that platform. Posts on a user’s Snapchat story are automatically deleted after 24 hours, but C.G. removed this post after a few hours. He then posted on his Snapchat story, “I’m sorry for that picture it was ment [sic] to be a joke.” One of C.G.’s Snapchat “friend[s]” took a photograph of the post before C.G. deleted it and showed it to her father. The father called the police, who visited C.G.’s house and found no threat. Referencing prior anti-Semitic activity and indicating that the post caused concern for many in the Jewish community, a CCHS parent emailed the school and community leaders about the post, leading to C.G.'s expulsion. Plaintiff filed suit claiming violations of C.G.'s constitutional rights. Defendants moved to dismiss, which was ultimately granted. On appeal, Plaintiff argued that the First Amendment limited school authority to regulate off-campus student speech, particularly speech unconnected with a school activity and not directed at the school or its specific members. Defendants maintained that C.G. was lawfully disciplined for what amounts to off-campus hate speech. According to Defendants, although originating off campus, C.G.’s speech still spread to the school community, disrupted the school’s learning environment, and interfered with the rights of other students to be free from harassment and receive an education. The Tenth Circuit determined Plaintiff properly pled that Defendants violated C.G.’s First Amendment rights by disciplining him for his post; the district court’s dismissal of Plaintiff’s first claim was reversed in part. The Court affirmed dismissal of Plaintiff’s further facial challenges to CCSD’s policies. Questions of qualified and absolute immunity and Plaintiff’s conspiracy claim were remanded for further consideration. View "C1.G v. Siegfried, et al." on Justia Law
Turo v. Superior Court of the City and County of San Francisco
Turo, an Internet-based platform, allows vehicle owners to list, and customers to rent, specific passenger vehicles, processes reservations and payments and retains a percentage of the proceeds of each rental transaction. Turo provides a liability insurance policy through a third-party insurer. Turo competes with traditional on-airport and off-airport rental car companies and has used phrases like “rent” and “rental car” in its advertisements.The government sued Turo under the Unfair Competition Law (Bus. & Prof. Code 17200) for operating a rental car business at SFO without the required permit, engaging in prohibited curbside transactions at SFO, and using airport roadways and offering services on airport property without permission. Turo sought a declaratory judgment that it is not a rental car company and alleged that SFO had unlawfully demanded that Turo obtain an off-airport rental car company permit, and pay fees that SFO is authorized to charge only “rental car companies” under Government Code 50474.1(a).The court of appeal held that Turo is not a rental car company. That term is not defined in the Government Code but is defined in nearly identical language in three separate California statutes to mean a person or entity in the business of renting passenger vehicles to the public. A rental car company has control over the vehicles in its fleet in a way Turo does not View "Turo v. Superior Court of the City and County of San Francisco" on Justia Law
Lindke v. Freed
Freed created a Facebook profile, limited to his “friends.” Eventually, he exceeded Facebook’s 5,000-friend limit on profiles and converted his profile to a “page,” which has unlimited “followers.” His page was public, anyone could “follow” it; for the page category, Freed chose “public figure.” Freed was appointed Port Huron’s city manager. He updated his Facebook page to reflect that title. In the “About” section, he described himself as “Daddy ... Husband ... and City Manager, Chief Administrative Officer for the citizens of Port Huron, MI.” Freed listed the Port Huron website as his page’s website, the city’s general email as his page’s contact information, and the City Hall address as his page’s address. Freed shared photos of family events, visits to local community events, and posts about administrative directives he issued as city manager. When the Covid-19 pandemic hit, he posted policies he initiated for Port Huron and news articles on public-health measures and statistics. Lindke responded with criticism. Freed deleted those comments and eventually “blocked” Lindke from the page.Lindke sued Freed under 42 U.S.C 1983, arguing that Freed violated his First Amendment rights. The Sixth Circuit affirmed summary judgment in favor of Freed. Freed’s Facebook activity was not state action. The page neither derives from the duties of his office nor depends on his state authority. View "Lindke v. Freed" on Justia Law
Lowell v. Wright
Plaintiff’s libel per se claim was based on a Google review, written by the manager of plaintiff’s business competitor, that subsequently was removed from the internet without a trace. The Oregon Court of Appeals reversed a grant of summary judgment to defendants. The issues this case presented for the Oregon Supreme Court were: (1) whether plaintiff could reach a jury on his libel claim when the text was no longer available; (2) whether the First Amendment’s public comment defense was available in these circumstances and, relatedly, whether a defendant speaker’s identity or motive was part of the court’s inquiry on the defense’s availability; and (3) whether Oregon should require a plaintiff claiming defamation to prove that the defendant acted with a heightened culpable mental state, “actual malice,” in all cases when the speech was on a “matter of public concern” protected under the First Amendment, abolishing the distinction that requires such proof only when the defendant is a member of the media. The Court of Appeals concluded the trial court had erred because plaintiff’s evidence of the allegedly defamatory statements sufficed to create a question of fact for trial on his claim and the lack of the review’s printed text did not affect the analysis of defendants’ First Amendment defense. The Supreme Court concurred with the appellate court's conclusion that the lack of a copy of the review was not fatal to plaintiff’s libel claim and that two of the three allegedly defamatory statements in the review were actionable. The Court thus affirmed the decision of the Court of Appeals in part and remanded the case to the trial court for further proceedings. View "Lowell v. Wright" on Justia Law
NetChoice, LLC, et al. v. Attorney General, State of Florida, et al.
Plaintiffs, NetChoice and the Computer & Communications Industry Association (together, “NetChoice”)—are trade associations that represent internet and social-media companies. They sued the Florida officials charged with enforcing S.B. 7072 under 42 U.S.C. Section 1983. They sought to enjoin enforcement of Sections 106.072 and 501.2041 on a number of grounds, including, that the law’s provisions (1) violate the social-media companies’ right to free speech under the First Amendment and (2) are preempted by federal law. The Eleventh Circuit held that the district court did not abuse its discretion when it preliminarily enjoined those provisions of S.B. 7072 that are substantially likely to violate the First Amendment. But the district court did abuse its discretion when it enjoined provisions of S.B. 7072 that aren’t likely unconstitutional. The court reasoned that it is substantially likely that social-media companies—even the biggest ones—are “private actors” whose rights the First Amendment protects, that their so-called “content-moderation” decisions constitute protected exercises of editorial judgment and that the provisions of the new Florida law that restrict large platforms’ ability to engage in content moderation unconstitutionally burden that prerogative. The court further concluded that it is substantially likely that one of the law’s particularly onerous disclosure provisions—which would require covered platforms to provide a “thorough rationale” for each and every content-moderation decision they make—violates the First Amendment. However, because it is unlikely that the law’s remaining disclosure provisions violate the First Amendment, the companies are not entitled to preliminary injunctive relief with respect to them. View "NetChoice, LLC, et al. v. Attorney General, State of Florida, et al." on Justia Law
NOCO Co. v. OJ Commerce, LLC
NOCO manufactures and sells battery chargers and related products. Although it sells these products itself, NOCO also authorizes resellers if they sign an agreement. NOCO discovered that OJC was selling NOCO’s products on Amazon without authorization. NOCO complained to Amazon that OJC was selling NOCO’s products in violation of Amazon’s policy. Around the same time, another company (Emson) also complained to Amazon about OJC. Amazon asked OJC for proof that it was complying with its policy concerning intellectual property rights. OJC did not provide adequate documents. Amazon temporarily deactivated OJC’s account.OJC claimed that NOCO submitted false complaints, and sued for defamation, tortious interference with a business relationship, and violation of the Ohio Deceptive Trade Practices Act. The Sixth Circuit affirmed the summary judgment rejection of OJC’s claims. To succeed on those claims, OJC must establish that NOCO was the proximate cause of its injury. It cannot do this because three intervening causes broke the causal chain, relieving NOCO of any liability: Emson’s complaint, Amazon’s independent investigation and decision, and OJC’s opportunity to prevent the harm to itself. View "NOCO Co. v. OJ Commerce, LLC" on Justia Law
Sound View Innovations, LLC v. Hulu, LLC
Sound View alleged that Hulu infringed claim 16 of its patent, titled “Method for Streaming Multimedia Information over Public Networks” by its use of (third party) edge servers, which sit between a central Hulu content server and the video-playing devices of customers. The district court construed the patent’s “downloading/retrieving limitation” not to cover a process in which downloading occurs from one buffer in a helper server and the (concurrent) retrieving places what is retrieved in another buffer in that server. The court construed the limitation to require that the same buffer in the helper server host both the portion sent to the client and a remaining portion retrieved concurrently from the content server or other helper server. Hulu argued that, in the edge servers of its content delivery networks, no single buffer hosts both the video portion downloaded to the client and the retrieved additional portion. Sound View argued that there remained a factual dispute about whether “caches” in the edge servers met the concurrency limitation as construed.The district court held that a “cache” could not be the “buffer” that its construction of the downloading/retrieving limitation required. The Federal Circuit vacated the summary judgment of non-infringement, affirming the construction of the downloading/retrieving limitation but rejecting the determination that “buffer” cannot cover “a cache.” View "Sound View Innovations, LLC v. Hulu, LLC" on Justia Law
Banaian v. Bascom et al.
Plaintiff Debbie Banaian appealed a superior court order granting motions to dismiss filed by defendants Aaron Bliss, Shannon Bossidy, Bryan Gagnon, Jacob D. MacDuffie, and Katie Moulton. The sole issue on appeal was whether defendants, who retweeted a defamatory tweet initiated by another individual, were “users” within the meaning of the Communications Decency Act, 47 U.S.C. 230(c)(1) (2018) (CDA), and therefore entitled to immunity from plaintiff’s claims for defamation and reckless infliction of emotional distress. The New Hampshire Supreme Court held that the retweeter defendants were “user[s] of an interactive computer service” under section 230(c)(1) of the CDA, and thus plaintiff’s claims against them were barred. Accordingly, the Supreme Court upheld the trial court’s granting of the motions to dismiss because the facts pled in the plaintiff’s complaint did not constitute a basis for legal relief. View "Banaian v. Bascom et al." on Justia Law
Novak v. City of Parma, Ohio
Novak created “The City of Parma Police Department” Facebook account to exercise his “fundamental American right” of “[m]ocking our government officials.” He published posts “advertising” free abortions in a police van and a “Pedophile Reform event.” Some readers called the police station. Officers verified that the official page had not been hacked, then posted a notice on the Department’s page, confirming that it was the official account and warning that the fake page was “being investigated.” Novak copied that post onto his knockoff page. Officers asked Facebook to preserve all records related to the account and take down the page. Lieutenant Riley issued a press release and appeared on the nightly news. Novak deleted the page. The investigation continued. Officers got a search warrant for Facebook, discovered that Novak was the author, then obtained an arrest warrant and a search warrant based on an Ohio law that makes it illegal to use a computer to disrupt or impair police functions. Officers arrested Novak, searched his apartment, and seized his phone and laptop. He spent four days in jail before making bond.Indicted for disrupting police functions, Novak was acquitted. In Novak’s subsequent suit, 42 U.S.C. 1983, the Sixth Circuit affirmed summary judgment in favor of the defendants. The officers reasonably believed they were acting within the law. The officers could reasonably believe that some of Novak’s Facebook activity was not parody, not protected, and fair grounds for probable cause. View "Novak v. City of Parma, Ohio" on Justia Law
Construction Laborers Pension Trust Southern CA v. Marriott International, Inc.
Following a data breach targeting servers owned by Defendant, Plaintiffs alleged that Defendant violated federal securities laws by omitting material information about data vulnerabilities in their public statements.The Fourth Circuit affirmed the district court’s dismissal of the complaint, finding that the investors did not adequately allege that any of Defendant’s statements were false or misleading when made.The court explained that to state a claim under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, a plaintiff must first allege a “material misrepresentation or omission by the defendant.” However, not all material omissions give rise to a cause of action. Here, Plaintiffs focus on statements about the importance of protecting customer data; privacy statements on Defendant's website; and cybersecurity-related risk disclosures. The court found that Plaintiffs failed to allege that any of the challenged statements were false or rendered Defendant's public statement misleading. Although Defendant could have disseminated more information to the public about its vulnerability to cyberattacks, federal securities law does not require it to do so. View "Construction Laborers Pension Trust Southern CA v. Marriott International, Inc." on Justia Law