In a decision with potentially large ramifications, New York Federal Judge LaShann DeArcy Hall won't dismiss a libel suit against "Shitty Media Men" creator Moira Donegan.
Explaining, the judge says it is possible that Donegan created the entry herself. The judge believes that Elliott should be able to explore whether the entry was fabricated. Accordingly, discovery proceeds, which will now put pressure on Google to respond to broad subpoena demands. The next motion stage could feature a high-stakes one about the reaches of CDA 230.
I have made a significant correction to my post yesterday on the effects of Citizens United on the race in OR-4. I somehow inexcusably managed to forget that individual contributions to PACs for independent expenditures had been limited prior to the DC Circuit’s decision in Speechnow v. FEC, which was primarily based on Citizens United. Given the circumstances in this particular case, I do not believe the correction materially affects any of my conclusions in that post, but it would certainly affect the applicability of those conclusions to other cases.