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6 Jun 2024, 2:00 pm by Eric Goldman
The puts all of Section 230 jurisprudence in a blender and says the proper technique is to apply the legal concept of “duty,” leading to this recap: If [the legal duty] springs from something separate from the defendant’s status as a publisher, such as from an agreement, see Barnes, 570 F.3d at 1107, or from obligations the defendant has in a different capacity, see Lemmon, 995 F.3d at 1092, then § 230(c)(1) does not apply. [read post]
2 Jun 2024, 7:48 am by David Adelstein
’ [citation omitted] *** Causation, in the context of a cumulative impact, can be an elusive commodity because the concept of cumulative impact is, in itself, somewhat amorphous. [read post]
31 May 2024, 8:07 am by Marie Nganele
South Fork of Hillsborough County II Homeowner’s Association, Inc. [read post]
16 May 2024, 12:11 pm by centerforartlaw
Beyer alleges in its complaint that Baldessari did not have the background in or ability to create large-scale sculptures prior to their partnership in 2005.[34] The two parties entered into a series of agreements containing three material aspects.[35] According to the contracts attached to the complaint, first, Beyer would create sculptures in collaboration with John, fully bearing the costs associated with bringing the sculptures to life; second, the agreement provided for one sculpture to be… [read post]
8 May 2024, 6:00 am by Public Employment Law Press
RosadoIndex No. 152743/21 Appeal No. 1230 Case No. 2022-02719[*1]IntegrateNYC, Inc., et al., Plaintiffs-Appellants,vThe State of New York et al., Defendants-Respondents, Parents Defending Education, Intervenor Defendant-Respondent. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
RosadoIndex No. 152743/21 Appeal No. 1230 Case No. 2022-02719[*1]IntegrateNYC, Inc., et al., Plaintiffs-Appellants,vThe State of New York et al., Defendants-Respondents, Parents Defending Education, Intervenor Defendant-Respondent. [read post]
Supply, Inc., 2017 IL App (5th) 150117-U, ¶¶ 42-46 The specific conduct that courts have found to be oppressive varies. [read post]
Their right to protest on school grounds—while important—extends no further than the right afforded to workers, parents, voters, civic groups, or anyone else to engage in similar protest activity on public property.And third, the regulation of any expression, including protests, must be (at least at public universities) viewpoint-neutral as a formal matter and must also be enforced in a viewpoint-neutral way. [read post]