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13 Jul 2021, 5:05 am by Eugene Volokh
  [229] PruneYard, 447 U.S. at 87. [230] 475 U.S. 1, 28 (1986). [231] See, e.g., Online Freedom and Viewpoint Diversity Act, S. 4534, 116th Cong., sec. 2(1)(b)(II) (2020) (exempting fro [read post]
9 Jul 2021, 5:01 am by Eugene Volokh
If social media are "the modern public square,"[127] the law may constitutionally treat them (at least as to certain of their functions) the way physical public squares can be treated.[128] The New Jersey Supreme Court's rationale for adopting a public access rule much like the one the California Supreme Court adopted in PruneYard seems largely apt here: The private [shopping mall] property owners in this case … have intentionally transformed their property into a public square… [read post]
28 Jun 2021, 9:45 am by Eugene Volokh
Deleting posts that the service views as hateful, false, or dangerous—or banning users who put up such posts—would then be immunized by § 230(c)(2): The service would be "in good faith" "restrict[ing] access to … material that" it "considers to be … otherwise objectionable. [read post]
22 Jun 2021, 10:15 am by Ronald Mann
The Supreme Court has an answer for that: Its 1988 decision in Basic Inc. v. [read post]
15 May 2021, 4:51 pm by Lawrence B. Ebert
The Board held claims 1–17 and 23–25 of the ’552 patent invalid for obviousness in view of U.S. [read post]
19 Apr 2021, 8:55 am by Jason Gordon and Toam Rubinstein
Creative Klick produced such a photoshoot and sent the photographs, which are registered with the U.S. [read post]
19 Apr 2021, 8:55 am by Jason Gordon and Toam Rubinstein
Creative Klick produced such a photoshoot and sent the photographs, which are registered with the U.S. [read post]