Noting that many judges aren't technology experts, 5th U.S. Circuit Court of Appeals Judge Patrick Higginbotham expressed concern Monday that many legal issues are decided using court documents instead of jury trials. “One of the frustrations” that stems from long-running litigation is that “a trial judge … never got to hear the full evidence,” he said during oral argument in CCIA v. Paxton.
The Supreme Judicial Court of Massachusetts should block the state’s lawsuit against Meta and its social media platforms Facebook and Instagram, said TechFreedom in an amicus brief filed Tuesday (docket SJC-13747). The state’s lawsuit targeting “addictive” features of the social media platforms violates Section 230 of the Communications Act, TechFreedom said. “The supposedly ‘addictive’ features the Commonwealth challenges are nothing more than publishing decisions: the cadence of content delivery (autoplay), the quantity of content delivered (infinite scroll), and the choice of what content to highlight (notifications),” said the filing. Those features are “classic editorial decisions” about displaying third-party material and “fall squarely” within Section 230’s protections for platforms from litigation over content posted by users, the group said.
FCC Chairman Brendan Carr’s use of agency threats against Disney, ABC and local broadcasters on Wednesday led to Jimmy Kimmel Live! being pulled from the air within hours, and Carr is widely expected to keep repeating the tactic, academics and attorneys said in interviews Thursday.
FCC Chairman Brendan Carr said Tuesday that he’s generally satisfied with how Section 230 of the Communications Decency Act is playing out and raised doubts about whether the agency will plow further into the issue. The debate over Section 230 “is still alive,” but given changes by social media companies, Carr is in a “trust-but-verify posture,” he said at a Politico summit focused on AI.
The U.S. Supreme Court handed down a ruling Friday that likely means less certainty for FCC actions and those of other federal agencies under the Hobbs Act. The decision comes a year after SCOTUS overruled the Chevron doctrine, which had required courts to give deference to agency decisions, in the Loper Bright case (see 2406280043). The latest from the court was Friday's 6-3 decision in McLaughlin Chiropractic Associates v. McKesson, a much-watched case on the Telephone Consumer Protection Act (see 2506200011).
The Phoenix Center said Tuesday that President Donald Trump's administration is proving to be more focused on regulating industry than he promised during his campaign last year. “A disturbing number” of Trump appointees “are refusing to heed his message, targeting technology firms with aggressive antitrust enforcements, regulations, and even the sorts of jawboning coercion used during the Biden Administration to curtail constitutionally protected private speech,” the center's new report said.
Efforts by the White House and FCC to chill speech are succeeding, Commissioner Anna Gomez said at an event Wednesday afternoon in Los Angeles, hosted by Free Press. It marked the first stop outside Washington, D.C., for Gomez’s “First Amendment Tour.” She said broadcasters have told her that they're warning reporters to tread carefully when covering the current administration. “That’s exactly what I don’t want to see." Using “the raised eyebrow,” the FCC is intimidating the corporate parents of journalistic organizations, she said. “It is so dangerous. We all need to understand what is happening.” The government telling private companies how to moderate their websites doesn’t comport with the First Amendment, she added. Gomez called for the FCC to pivot away from “sham investigations” and focus on actions that can help Americans, noting that Congress hasn’t given the FCC authority over Section 230 of the Communications Act.
FCC Commissioner Anna Gomez condemned the agency’s threats against broadcast networks and warned that a loss of its independence could hurt internationally. Gomez delivered remarks during a Center for Democracy & Technology event Thursday in Washington. It was the first stop on what Gomez called a “1st Amendment Tour” in a release earlier this week. “I'm embarking on a tour to talk about this administration's efforts of censor and control, because we need people to understand what's happening, and we need them to speak out,” she said Thursday. “We are in an alarming moment, and I am not someone who is generally alarmist.”
The FCC and FTC are moving toward trying to rein in what they see as overly broad applications of Section 230 of the Communications Decency Act and to reverse what their agency leaders call censorship by social media platforms. Agency watchers said they expect the FCC to issue an advisory opinion soon, though some see such an opinion as more performative than practical. FCC Chairman Brendan Carr has repeatedly said that addressing "the censorship cartel" is one of the agency's priorities (see 2411210028). His office and the FTC didn't comment. FCC Commissioner Anna Gomez has been critical of the possibility of a Section 230 advisory opinion (see 2502240062).
LAS VEGAS -- Broadcasters are optimistic about ownership deregulation and concerned about tariffs, while NAB is looking to broaden the NAB Show’s appeal, according to speeches and interviews at NAB Show 2025, which kicked off Saturday and runs until Wednesday. The show is set to feature almost no FCC presence compared with previous years, as only Commissioner Anna Gomez planned to attend.