Doe vs. Myspace

NOTE THAT THE 5TH CIRCUIT RULING IS ONE OF A NUMBER OF RULINGS ON CASES THAT HAVE GONE BEFORE ONE OR MORE OF THE 13 CIRCUIT COURTS OF APPEALS IN WHICH SECTION 230 WAS CHALLENGED. IN ALL OF THE CASES, SCOTUS HAS LET THE DECISION OF THE CIRCUIT COURTS STAND.

The case is posted under Files. Please note that, when you see asterisks, . . . , it is to signal that some information has been edited out of the case. You have just 8 pages to review. The original case is much longer.

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You might want to read the last few graphs first–including the info regarding other rulings–to understand what the Court decided.

Brief your case from FACTS through PRINCIPLE, using only what is in the case. Do not bring up anything on the Internet on the case because (1) many of the briefs/analyses are just plain wrong, because, (2) you may pick up something that is in the entire brief and not on the abbreviated brief that you are reviewing, and (3) if you inadvertently or by design plagiarize anything from the Internet, TURNITIN on Canvas will pick it up and report it. (Don’t worry regarding the fact that Canvas will also pick up verbatim information from the case but I will check those instances and disregard them; it is good that you quote info from the case as long as you put quote marks around it.)

You need to be able to determine the FACTS without any trouble. Your RATIONALE should be at least a half a page. When I am reviewing your briefs, I will be looking to see whether you understand the case. Do not worry about whether you get everything right from the ISSUE through the PRINCIPLE.

IMPORTANT: This is a class participation Assignment and, unless your pod has completed and posted the assignment prior to class on Tuesday, Nov. 10, all of the members of your POD must attend class and work on the brief. Any member of your pod who does not show up to class will need to work individually on the brief unless pod members all feel that they have made a substantial contribution to the brief prior to class. Also, would the pod leader please send me a private email if someone from their pod was absent or if pod members feel that a member of the pod has not contributed to the assignment.

Those who are working on the brief as individuals also have until 11 p.m. on Tuesday to post the assignment.

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