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VOICE ARCHIVE

Steve Vladeck

@steve_vladeck
30 posts
2024-12-18
Supreme Court agrees to resolve TikTok case; will hold (very) expedited argument on January 10. The Court did *not* grant emergency relief, but deferred the requests for an injunction pending oral argument. So as of now, the law will still start producing effects on January 19: [image]
2024-12-18 View on X
CBS News

SCOTUS says it will hear a challenge on January 10 to a new law that could lead to a TikTok ban in the US, ahead of the law taking effect on January 19

Washington — The Supreme Court on Wednesday said it will take up a challenge to a new law that could lead to a ban on TikTok in the U.S.

2024-10-18
Of course Twitter now has a Northern District of Texas forum-selection clause in its terms of service.
2024-10-18 View on X
Reuters

X updates its ToS to steer any disputes by users to the US District Court for the Northern District of Texas, whose judges often favor conservative litigants

Elon Musk's X has updated its terms of service to steer any disputes by users of the social media platform formerly known as Twitter …

Just to be clear, I *don't* read these terms to mean that every case will end up before Judge O'Connor, specifically. The only place in the Northern District where you're guaranteed to draw O'Connor is Wichita Falls. Elsewhere in the district, you could draw other judges.
2024-10-18 View on X
Reuters

X updates its ToS to steer any disputes by users to the US District Court for the Northern District of Texas, whose judges often favor conservative litigants

Elon Musk's X has updated its terms of service to steer any disputes by users of the social media platform formerly known as Twitter …

Of course Twitter now has a Northern District of Texas forum-selection clause in its terms of service.
2024-10-18 View on X
The Verge

Bluesky says it added 500K new users in a day this week after X announced plans for controversial changes, including basically getting rid of the block feature

A handful of changes coming to X may be pushing users to its competitor.  Bluesky, the decentralized social platform, says it added 500,000 new users in a day this week.

Just to be clear, I *don't* read these terms to mean that every case will end up before Judge O'Connor, specifically. The only place in the Northern District where you're guaranteed to draw O'Connor is Wichita Falls. Elsewhere in the district, you could draw other judges.
2024-10-18 View on X
The Verge

Bluesky says it added 500K new users in a day this week after X announced plans for controversial changes, including basically getting rid of the block feature

A handful of changes coming to X may be pushing users to its competitor.  Bluesky, the decentralized social platform, says it added 500,000 new users in a day this week.

2024-07-02
Justice Kagan has the consolidated ruling in NetChoice, holding for a unanimous-ish(!) Court that *neither* the Fifth Circuit *nor* the Eleventh Circuit applied the right test, and remanding for proper application of the standard for facial relief: https://www.supremecourt.gov/ ...
2024-07-02 View on X
CBS News

SCOTUS orders lower courts to take another look at Texas' and Florida's social media laws, saying neither lower court conducted proper analysis of 1A challenges

The First Amendment was written in the 18th century … The Hill : Morning Report — Is a Trump election interference trial off the table? CCIA : Supreme Court Issues Ruling in CCIA, ...

2023-09-15
I say “currently” because at least twice this Term, Justice Alito has had to extend his own deadline to give the full Court more time to rule on the emergency application.
2023-09-15 View on X
Bloomberg

SCOTUS pauses a lower court's order limiting the White House, FBI, and public health agencies from making social media requests, hours after the DOJ's request

Bloomberg :

Justice Alito has issued an “administrative stay” of the Louisiana district court injunction against Biden administration contacts with social media companies that is currently set to expire just before midnight next Friday (so such contacts aren't blocked at least until then): [image]
2023-09-15 View on X
Bloomberg

SCOTUS pauses a lower court's order limiting the White House, FBI, and public health agencies from making social media requests, hours after the DOJ's request

Bloomberg :

2023-02-23
The easiest, most obvious thing #SCOTUS can do in both yesterday's case and today's case is “DIG” them (dismiss as improvidently granted). These *aren't* the referenda on big tech that some Justices were seeking, and wading in to these disputes seems far worse than staying out.
2023-02-23 View on X
Bloomberg

A look at Twitter v. Taamneh and the US Supreme Court's struggle to determine whether social media companies can be held responsible for aiding terrorism

depending on how you count the Justices? Would be a 5-4 decision, Thomas, Jackson, Kagan, Sotomayer & Alito. Josh Gerstein / @joshgerstein : For 2nd day in a row, tech seems likely...

@qjurecic Today's case was a cross-petition that they probably felt compelled to grant once they granted Gonzalez. As for why they granted Gonzalez, I really *do* think they thought it was a general referendum on big tech rather than a messy, technical question about algorithms.
2023-02-23 View on X
Bloomberg

A look at Twitter v. Taamneh and the US Supreme Court's struggle to determine whether social media companies can be held responsible for aiding terrorism

depending on how you count the Justices? Would be a 5-4 decision, Thomas, Jackson, Kagan, Sotomayer & Alito. Josh Gerstein / @joshgerstein : For 2nd day in a row, tech seems likely...

2022-09-18
The good news is that it's not long for this world. #SCOTUS has already blocked #HB20, and the circuit split with the 11th Circuit will almost surely be resolved in the latter's favor. The bad news is that it's not an outlier; it's emblematic of what this court does every day. https://twitter.com/...
2022-09-18 View on X
Bloomberg

A US federal appeals court upholds the Texas social media content moderation law, lifting an injunction that blocked it and remanding it back to the lower court

Justice Department Appeals Parts of Judge's Ruling on Documents Seized at Trump's Mar-a-Lago David McCabe / New York Times : A federal court clears the way for a Texas social media...

If you're looking for a good overview of just how practically and legally bonkers yesterday's Fifth Circuit ruling upholding Texas's ban on content moderation by large social media platforms truly is, @mmasnick has you covered over at @techdirt: https://www.techdirt.com/...
2022-09-18 View on X
Bloomberg

A US federal appeals court upholds the Texas social media content moderation law, lifting an injunction that blocked it and remanding it back to the lower court

Justice Department Appeals Parts of Judge's Ruling on Documents Seized at Trump's Mar-a-Lago David McCabe / New York Times : A federal court clears the way for a Texas social media...

2022-09-17
The good news is that it's not long for this world. #SCOTUS has already blocked #HB20, and the circuit split with the 11th Circuit will almost surely be resolved in the latter's favor. The bad news is that it's not an outlier; it's emblematic of what this court does every day. https://twitter.com/...
2022-09-17 View on X
Bloomberg

A US federal appeals court upholds the Texas social media content moderation law, lifting an injunction that blocked it and remanding it back to the lower court

A federal appeals court upheld the validity of a Texas social-media law that companies like Twitter Inc. and Meta Platforms Inc …

2022-06-01
On why Kagan would've denied the application, yes, she's been consistent in criticizing many grants of emergency relief. But she *hasn't* been categorically against voting to grant such relief in all cases, e.g., SB8; the CMS vaccine mandate cases; etc. So it's not *just* that.
2022-06-01 View on X
Bloomberg Law

SCOTUS blocks Texas' social media content moderation law in a 5-4 vote, putting the measure on hold while a constitutional challenge proceeds in a lower court

The US Supreme Court blocked a Texas law that critics say would fundamentally transform Twitter Inc. and Meta Platforms Inc.'s Facebook …

By a 5-4 vote (with Justices Alito, Thomas, Gorsuch, and ... Kagan?) in dissent, #SCOTUS *blocks* Texas's controversial law that would have banned most content moderation by big social media platforms (vacating the Fifth Circuit's stay of an injunction): https://www.justsecurity.org/ ...
2022-06-01 View on X
Bloomberg Law

SCOTUS blocks Texas' social media content moderation law in a 5-4 vote, putting the measure on hold while a constitutional challenge proceeds in a lower court

The US Supreme Court blocked a Texas law that critics say would fundamentally transform Twitter Inc. and Meta Platforms Inc.'s Facebook …

To be clear, the headline here is *not* the dissent; it's that Chief Justice Roberts, Justice Kavanaugh, and Justice Barrett *all* voted to block HB20. That's a pretty powerful sign of where #SCOTUS is heading on this case—and issue—even if the dissent's analysis is ... alarming. https://twitter.com/...
2022-06-01 View on X
Bloomberg Law

SCOTUS blocks Texas' social media content moderation law in a 5-4 vote, putting the measure on hold while a constitutional challenge proceeds in a lower court

The US Supreme Court blocked a Texas law that critics say would fundamentally transform Twitter Inc. and Meta Platforms Inc.'s Facebook …

2022-05-24
This is quite a take on a ruling from a deeply conservative Eleventh Circuit panel (i.e., judges most likely to be sympathetic) that unanimously kept the key parts of Florida's law on hold because they're “substantially likely” to *violate* the First Amendment. https://twitter.com/...
2022-05-24 View on X
Protocol

The 11th Circuit federal court upholds blocking Florida's social media “censorship” law to protect First Amendment rights, as SCOTUS weighs Texas' similar law

2022-05-12
This is almost certainly going right to #SCOTUS—through an application to vacate the stay. It'll be a big “shadow docket” ruling when it comes; whether it's consistent with critiques of the shadow docket depends not on *which way* the Court rules, but whether it explains itself. https://twitter.com/...
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …

2021-07-08
The First Amendment does *not* apply to non-governmental actors. Full stop. https://twitter.com/...
2021-07-08 View on X
CNBC

Donald Trump sues Facebook, Twitter, and YouTube, as well as Zuckerberg, Dorsey, and Pichai, claiming the companies have violated his First Amendment rights

Taking on Big Tech ‘censorship’ can be a winning argument even if it loses in court. Mat Smith / Engadget : The Morning After: Trump announces lawsuits against Facebook, Twitter an...

Don't be taken in by the “what if it does” retort. The “state action” doctrine is about as firmly embedded a principle of constitutional law as there is. To overturn it would have incredibly broad consequences — many of which the current Supreme Court would be loath to embrace.
2021-07-08 View on X
The Week

Trump's lawsuits that claim Facebook, Twitter, and YouTube violated his First Amendment rights are just PR and fundraising tools, and likely legally doomed

One member of this class action is not like the others  —  Former President Donald Trump announced himself on Wednesday …