Court case

Gannett, the largest publisher in the US, filed a federal lawsuit in US District Court for the Southern District of New York against Google for monopolization of advertising technology markets and deceptive commercial practices.

TikTok is being sued over data privacy — again.

The Supreme Court handed twin victories to technology platforms on May 18 by declining in two cases to hold them liable for content posted by their users. In a case involving Google, the court for now rejected efforts to limit the sweep of the law that frees the platforms from liability for user content, Section 230 of the Communications Decency Act.

The Federal Communications Commission quietly won two court cases over the last month that most folks have not heard about. A group of complainants brought a suit against the FCC, saying that the agency didn’t have explicit direction from Congress for the creation of the Universal Service Fund (USF) or the authority to delegate the operation of the USF to a third party.

Comcast and Verizon urged Maryland's highest court to strike down a 2021 law that imposes a tax on some digital ads, arguing both that the statute violates the Constitution, and that it conflicts with a 1998 federal law. The hearing centered on a 2021 Maryland law that imposes taxes on some online companies with more than $100 million in digital ad revenue.

The U.S. Court of Appeals for the 6th Circuit joined the 5th Circuit in rejecting an attack on the constitutionality of the Federal Communications Commission’s Universal Service Fund (USF). The  USF is a critical means of reducing the cost of broadband and other telecommunications services for schools, hospitals and libraries, for low-income consumers, and for residents of rural America. The Benton Institute for Broadband & Society, MediaJustice, and the National Digital Inclusion Alliance are intervenors supporting the FCC in this case.

The Supreme Court will consider whether the First Amendment prohibits a public official from blocking constituents from personal social media accounts when those accounts are used to communicate with the public. The court took two cases for the term that begins in October 2023 to decide a digital-age issue that has been active in lower courts.

FCC Commissioner Geoffrey Starks said, “I’m pleased that the Fifth Circuit agreed with what I and many others—including bipartisan members of Congress—have said about the Universal Service Fund. It is constitutional, both in concept and implementation. The Universal Service Fund continues to connect rural communities, schools, libraries, healthcare providers, and low-income households all across the country.

Coming from one of the more conservative courts in the country, this decision is a ringing ratification of the system Congress established to ensure that all Americans have affordable access to telecommunications service and advanced services like broadband. This should not come as a surprise, but once the USF was subjected to a legal challenge, the Benton Institute for Broadband & Society joined with public allies to defend this critical mechanism for ensuring universal broadband.