Justia Communications Law Opinion Summaries

In response to a mass shooting in Buffalo, New York, that was planned, publicized, and broadcast via social media, the state legislature enacted the Hateful Conduct Law (HCL). This statute requires social media networks conducting business in New York to provide a clear, easily accessible mechanism for users to report "hateful conduct" and to maintain a public policy describing how the network will address such reports. "Hateful conduct" is defined as using a social media network to vilify, humiliate, or incite violence against groups based on protected characteristics. Plaintiffs, including operators of social media platforms, challenged the law before it took effect, arguing that it would compel them to speak against certain content and chill protected expression.The United States District Court for the Southern District of New York granted a preliminary injunction, finding that the HCL likely violated the First Amendment by compelling social media networks to endorse the state’s definition of hateful conduct and to publish policies about it. The court determined that the law could have a chilling effect on free speech, even though it did not require removal of the content itself. The Attorney General appealed to the United States Court of Appeals for the Second Circuit, which determined that resolution of the constitutional issues depended on the proper interpretation of the HCL under New York law. The Second Circuit certified three questions to the New York Court of Appeals concerning the scope of the statute’s requirements.The New York Court of Appeals concluded that social media networks comply with the law if their reporting mechanism and public policy do not explicitly reference or define "hateful conduct," as long as users can report such conduct and learn how reports will be addressed. The court further held that the law does not require networks to respond to reports of hateful conduct. The certified questions were answered accordingly. View "Volokh v James" on Justia Law

In 2012, the Attorney General (AG) filed a complaint resulting in a civil enforcement action by the AG, alleging that Sprint knowingly violated the New York Tax Law, engaged in fraudulent or illegal acts, and submitted false documents to the State pursuant to the New York False Claims Act (FCA). Sprint moved to dismiss the complaint for failure to state a cause of action. Supreme Court denied the motion, and the Appellate Division affirmed. The Court of Appeals affirmed, holding (1) the New York Tax Law imposes sales tax on interstate voice service sold by a mobile provider along with other services for a fixed monthly charge; (2) the statute is unambiguous; (3) the statute is not preempted by federal law; (4) the AG’s complaint sufficiently pleads a cause of action under the FCA; and (5) the damages recoverable under the FCA are not barred by the ex post facto clause of the United States Constitution. View "People v. Sprint Nextel Corp." on Justia Law