Kennedy Aikey examines the legal implications of ABCโs abrupt cancellation of a fully filmed season of The Bachelorette following the resurfacing of a domestic violence incident involving its lead, Taylor Frankie Paul. The piece analyzes whether ABC and Disney acted within their contractual rights, focusing on the likely presence and scope of a morality clause and how reputational harm provisions function in an era where social media can rapidly amplify public outrage
Elon Musk’s Twitter Acquisition: Securities Fraud Regulation on Social Media
Stella Brocker analyzes a recent class-action lawsuit against Elon Musk, where a jury found that he committed securities fraud during his 2022 Twitter acquisition. She analyzes whether Muskโs actions legally constituted securities fraud and the broader policy implications of this verdict. Ultimately, she argues that the current securities fraud regulations should be modified to allow for actions brought under a lower standard of culpability to hold rich and powerful actors accountable for negligent behavior on social media.
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.
Legislating in the Digital Age: Ohio’s Attempt to Implement Age-Based Restrictions on Access to Social Media Platforms
In this article, Stella Brocker explores a currently blocked Ohio law that would impose age-based restrictions on social media usage, causing such use by minors to be subject to parental consent. She analyzes the constitutional issues implicated by such legislation and considers alternative regulatory strategies for lawmakers that may be better suited to address the harms associated with youth social media use and access.
TikTok and Free Speech: TikTok’s First Amendment Case Against the Government
In this article, Erin Gray discusses the upcoming TikTok ban and the resulting lawsuit TikTok filed against the United States. Gray explores how the United States Court of Appeals for the District of Columbia Circuit may rule on TikTok's First Amendment challenge of the ban.
Conflicts Between E.U. and U.S. Social Media Regulation
Ross Chambers discusses the Differences Between E.U. and U.S. Social Media Regulation and the Impact of 303 Creative on the Upcoming Supreme Court Social Media Free Speech Cases.
Deepfakes: The Effect on Women and Potential Protections
Author Micah Kindred discusses deepfakes, the effect this technology has had on individuals, especially women, and potential protections.
The Alphabet Mafia, Social Media Companies, and Public Accommodations Laws
In this article, Tori DeLaney discusses the state of content moderation as it relates to LGBTQ+ content creators and how public accommodation laws and principles might be used to expand the liability of social media companies who engage in discriminatory content moderation practices.
The Contract Dropout: Brands Scramble to Drop Ye Following His Embrace of Antisemitism
In this article, Associate Member Adam Drapcho discusses Ye's string of offensive statements and the likely use of morals clauses by brands cutting ties with the rapper and designer.
Why “Kidfluencers” Deserve Monetary Protections Like Child Actors
Associate Member Haley Dominique explores the rise of the โKidfluencerโ and how states must, at the very least, adopt laws that financially protect them due to the exploitation and privacy violations inflicted on them by their parents or guardians.
