Tag: First Amendment

  • Far From a Punt, SCOTUS’s NetChoice Decision Crushes Big Tech’s Big Litigation Dreams

    July 16, 2024

    The Supreme Court's decision in the NetChoice cases is a huge blow to Big Tech’s litigation strategy of requesting the broadest possible relief from regulation based on nothing more than vibes. 

    • Children's Privacy

    • Data Protection

    • Privacy Laws

    • U.S. State Privacy Laws

    • Analysis

  • Supreme Court Deals Blow to Big Tech’s Campaign to Immunize Itself from Regulation

    July 1, 2024

    The Supreme Court’s decision in the NetChoice cases is a huge loss for NetChoice. NetChoice's shoot-for-the-moon strategy failed miserably. The Big Tech trade group sought a pronouncement that platform design choices are wholly protected expression, but the Court refused to take the bait. Instead, the Court took the approach that EPIC advocated in its amicus brief: to the extent that the decision recognizes any protected editorial judgment for platforms’ decisions about whether and how to display content, it is narrowly confined to decisions that reflect a company’s judgements about the content, and does not include content-neutral design decisions.

    • Children's Privacy

    • Consumer Privacy

    • Data Protection

    • Privacy Laws

    • Proposed U.S. Legislation

    • Social Media Privacy

    • U.S. Privacy Laws

    • U.S. State Privacy Laws

    • Updates

  • Murthy v. Missouri and the Threat of Election Disinformation

    March 21, 2024

    As the 2024 U.S. Presidential election heats up, we’re returning to the thorny problem of election disinformation through the lens of content moderation and the recent Supreme Court case, Murthy v. Missouri.

    • Anonymity

    • Artificial Intelligence and Human Rights

    • Commercial AI Use

    • Democracy & Free Speech

    • Online Harassment

    • Analysis

  • Four Key Takeaways from the Moody v. NetChoice and NetChoice v. Paxton Oral Arguments

    February 28, 2024

    In one of the most important internet regulation cases in recent memory, Supreme Court justices had a lot of questions for all the parties involved. Here are four takeaways (plus a few bonus quick hits) about how the oral arguments went.

    • Analysis

  • EPIC Urges Ninth Circuit to Reverse Decision That Threatens the Future of Privacy

    December 21, 2023

    Yesterday, EPIC filed an amicus brief urging the Ninth Circuit to reverse a district decision striking down the California Age-Appropriate Design Code, or AADC, based on a dangerously overbroad reading of the First Amendment. As EPIC has previously explained, the decision below is so sweeping that it poses an existential threat to all privacy laws.

    • Children's Privacy

    • Data Protection

    • Enforcement of Privacy Laws

    • Location Tracking

    • Privacy Laws

    • U.S. State Privacy Laws

    • Updates