Category: Entertainment Law

Is Social Media the Next Big Tobacco? Public Nuisance Litigation and the Limits of Section 230

Kennedy Aikey examines the growing wave of litigation against major social media companies, specifically the recent case holding Meta and YouTube liable, and asks whether social media could become the next Big Tobacco. She explores how plaintiffs use nuisance theories to argue that platforms such as Meta, YouTube, TikTok, and Snap Inc. intentionally designed addictive platforms that harm youth mental health. She also analyzes whether claims that focus on the design of social media platforms, rather than on user-generated content, could allow plaintiffs to bypass the liability shield created by Section 230 of the Communications Decency Act.

Tiny Takes, Big Consequences: The Circuit Split Over the De Minimis Defense in Music Sampling

In this article, Katerina Fernandez examines the ongoing circuit split over the de minimis exception in music sampling, analyzing the contrasting rulings of the Sixth Circuit (which rejects the de minimis defense for sound recordings) and the Ninth Circuit (which recognizes it). The article explores this divide’s legal and artistic implications and questions whether a Supreme Court ruling, legislative intervention, or industry-driven solutions could provide much-needed clarity.

Gaming the System? How TikTok v. Garland Could Shape the Future of Tencent

In this article, Katerina Fernandez examines how TikTok v. Garland establishes a legal framework that could be applied to Tencent, the Chinese tech giant behind several major gaming platforms. The article explores the national security concerns driving U.S. regulatory scrutiny of foreign-owned digital platforms and the potential constitutional and economic challenges of imposing similar restrictions on Tencent.

When is it legal for an employer to discriminate in their hiring practices based on a Bona Fide Occupation Qualification?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Although it is illegal for an employer to discriminate against an employee based on the individual’s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualification” (BFOQ). Courts have upheld... Continue Reading →

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