Media & Communications Law

TikTok and the U.S. government dig in for legal war

A defiant TikTok is preparing to fight for its life in court after President Biden signed a law calling for its forced sale or ban in the United States, a legal battle that could reshape American speech freedoms in the internet age.

Apr 25, 2024 1:00 PM CDT

Smartmatic and OANN settle lawsuit over 2020 election coverage

The voting technology company Smartmatic agreed Tuesday to settle its lawsuit against the conservative cable television network One America News over its coverage of the 2020 election.

Apr 16, 2024 3:00 PM CDT

Supreme Court likely to reject limits on White House social media contacts

The Supreme Court seemed prepared Monday to reject a Republican-led effort to sharply limit the federal government from pressuring social media companies to remove harmful posts and misinformation from their platforms.

Mar 19, 2024 9:45 AM CDT

Justices skeptical of Texas, Florida laws that bar platforms from deleting content

A majority of the Supreme Court seemed broadly skeptical Monday that state governments have the power to set rules for how social media platforms curate content, with both liberal and conservative justices inclined to stop Texas and Florida from immediately implementing laws that ban the removal of certain controversial posts or political content.

Feb 27, 2024 8:50 AM CST

Supreme Court’s internet inexpertise will be put to the test in social media content cases

A pair of cases, NetChoice v. Paxton and Moody v. NetChoice, ask whether states may dictate content-moderation standards or require individualized explanations when social media outlets remove or alter users’ posts.

Feb 22, 2024 1:55 PM CST

Meet the Delaware judge who keeps foiling Elon Musk

Few people in the world have the power to order around Elon Musk. One of them is a soft-spoken, small-town-raised, 44-year-old Delaware judge named Kathaleen McCormick.

Feb 21, 2024 8:35 AM CST

Chemerinsky: Supreme Court will hear some of its biggest cases of the term this month

Some of the most important cases of the term will be argued this month before the U.S. Supreme Court. On Feb. 8, the justices will return to the bench earlier than planned to hear Trump v. Anderson, which considers whether former President Donald Trump is disqualified from again being president because of Section 3 of the 14th Amendment. On Feb. 26, the court will hear two cases that could have a profound effect on the internet and social media, Moody v. NetChoice and NetChoice v. Paxton.

Feb 1, 2024 8:51 AM CST

Chemerinsky: Expect another momentous year at the Supreme Court

I do not recall ever facing a new year with such a sense of trepidation and even fear of what to expect. The presidential election campaign of 2024 promises to be unlike any we have seen in American history, and it seems inevitable that the U.S. Supreme Court will play a large role. And the docket for the current term is filled with major issues about controversial matters, such as abortion, administrative law, gun rights and the First Amendment and social media.

Jan 4, 2024 10:49 AM CST

Mandatory bar violated First Amendment by posting rainbow flag, wellness advice, 5th Circuit says

Updated: A federal appeals court has ruled for a Louisiana lawyer who alleged that the mandatory state bar association violated his First Amendment rights by spending dues money on speech that is not germane to regulating lawyers or improving legal services.

Nov 15, 2023 9:04 AM CST

How this lawyer uses TikTok to skewer law firm culture

In the past decade, influencer culture has exploded. However, content creation is not just about Gen Zers and millennials promoting new brands, hot products and lifestyle choices.

Nov 15, 2023 8:39 AM CST

Did US violate First Amendment by pressuring social media? Supreme Court will decide

The U.S. Supreme Court agreed Friday to consider whether the U.S. government unconstitutionally pressured social media companies to curb COVID-19 misinformation and other content.

Oct 24, 2023 9:00 AM CDT

Trump’s social media post about law clerk leads to gag order

The trial judge hearing the civil fraud case against former President Donald Trump drew the line Tuesday after learning of a social media post targeting his law clerk that included her photo and her name.

Oct 3, 2023 3:47 PM CDT

Supreme Court to consider laws that block social media from removing certain content and users

The U.S. Supreme Court on Friday agreed to decide the constitutionality of laws in Florida and Texas that prevent large social media companies from banning political candidates or restricting content based on viewpoint.

Sep 29, 2023 2:00 PM CDT

Supreme Court opens new term quietly—so far

The court on Oct. 2 starts what might turn out to be “another big term,” but it is opening with a more modest docket. Still, there are big cases on gun rights, social media use by government officials and the scope of the so-called administrative state.

Sep 28, 2023 11:32 AM CDT

Chemerinsky: Big cases in administrative law, gun rights and social media are scheduled for October term

We are in the midst of dramatic changes in many areas of constitutional law. Thirty years ago, I wrote the first edition of a constitutional law casebook. I have just completed the seventh edition, and never has so much changed from the prior edition or since I began writing the book.

Sep 27, 2023 10:21 AM CDT