Adam Liptak
Supreme Court Seems Wary of Limiting Protections for Social Media Platforms
In a case with the potential to alter the very structure of the internet, the Supreme Court did not appear ready to limit a law that protects social media platforms from lawsuits over their users’ posts.
Can Twitter Legally Bar Trump? The First Amendment Says Yes
When Simon & Schuster canceled its plans this week to publish Senator Josh Hawley’s book, he called the action “a direct assault on the First Amendment.” And when Twitter permanently banned President Trump’s account, his family and his supporters said similar things. “We are living Orwell’s 1984,” Donald Trump Jr.
Supreme Court Weighs Google Settlement That Paid Class Members Nothing
In a lively and freewheeling argument on Wednesday, the Supreme Court considered whether it should place limits on class-action settlements in which the plaintiffs’ lawyers receive millions and their clients get nothing. In the process, several justices mused about the nature of privacy in the digital age. The case arose from an $8.5 million settlement between Google and class-action lawyers who said the company had violated its users’ privacy rights. Under the settlement, the lawyers were paid more than $2 million, but members of the class received no money.
How Conservatives Weaponized the First Amendment
Conservative groups, borrowing and building on arguments developed by liberals, have used the First Amendment to justify unlimited campaign spending, discrimination against gay couples, and attacks on the regulation of tobacco, pharmaceuticals and guns. “The libertarian position has become dominant on the right on First Amendment issues,” said Ilya Shapiro, a lawyer with the Cato Institute. “It simply means that we should be skeptical of government attempts to regulate speech. That used to be an uncontroversial and nonideological point.
Supreme Court Sides With American Express on Merchant Fees
In a test of antitrust law, the Supreme Court ruled 5 to 4 that American Express could use contracts to stop merchants from steering consumers to other cards. The decision has implications not only for what one brief called “an astronomical number of retail transactions” but also for other kinds of markets, notably ones on the internet, in which services link consumers and businesses. Such “two-sided platforms,” the Court said, require special and seemingly more forgiving antitrust scrutiny.
Supreme Court Clears Way for Sales Taxes on Internet Merchants
Internet retailers can be required to collect sales taxes in states where they have no physical presence, the Supreme Court ruled in a 5-4 decision. Brick-and-mortar businesses have long complained that they are disadvantaged by having to charge sales taxes while many of their online competitors do not. States have said that they are missing out on tens of billions of dollars in annual revenue under a 1992 Supreme Court ruling that helped spur the rise of internet shopping. On June 21, the court overruled that ruling, Quill Corporation v.
Supreme Court Divided on Sales Taxes for Online Purchases
A closely divided Supreme Court struggled to decide whether internet retailers should have to collect sales taxes in states where they have no physical presence. Brick-and-mortar businesses have long complained that they are disadvantaged by having to charge sales taxes while many of their online competitors do not. States have said that they are missing out on tens of billions of dollars in annual revenue under a 1992 Supreme Court ruling that helped spur the rise of internet shopping.
Supreme Court Tosses Out Microsoft Case on Digital Data Abroad
The Supreme Court announced that it would not decide whether federal prosecutors can force Microsoft to turn over digital data stored outside the United States. The move followed arguments in the case in February and the enactment of a new federal law that both sides said made the case moot.
‘A Bit of Divine Justice’: Candidate Trump Vowed to Change Libel Law. But Not Like This.
When Donald J. Trump was running for president, he promised to “open up our libel laws.” No one quite knew what he meant. Recently President Trump started to make good on his campaign pledge. But he did so inadvertently — as a libel defendant on the losing side of a decision that will help victims of sexual misconduct sue when they are called liars. These days, a remarkable number of libel suits, including ones against Bill Cosby, Bill O’Reilly, Roy S.
Can President Trump Change Libel Laws?
Can the president change libel laws? No. Libel law is a state-law tort, meaning that state courts and state legislatures have defined its contours. Since the Supreme Court’s 1964 decision in New York Times v. Sullivan, the Supreme Court has placed constitutional limits on how states can define libel, notably by requiring public officials and, later, public figures to prove actual malice. That protection was needed, Justice William J. Brennan Jr. wrote, to vindicate a “profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide-open.” Such debate, Justice Brennan wrote, “may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials.” Changing New York Times v. Sullivan would require either the Supreme Court to overrule it or a constitutional amendment. Neither is remotely likely, though President Trump could try to appoint Supreme Court justices who would vote to overturn the precedent.