Twitter Gets Powerful Win in “Must-Carry” Lawsuit–Taylor v. Twitter

This is one of several lawsuits brought by disseminators of anti-social content (in this case, white supremacist content) seeking to prevent social media providers from cutting them off. In June, the lower court surprisingly rejected Twitter’s dismissal motion for the unfair competition claim. I didn’t blog that ruling because it clearly wasn’t the final word (plus, it was just a hearing transcript). Twitter sought a writ of mandate from the appeals court–an extraordinary request which courts are reluctant to grant. In another surprise twist, yesterday the appeals court granted Twitter’s request (without even inviting the plaintiff’s response) and told the lower court to dismiss the case unless it can better justify its ruling. I doubt the lower court can convince the appellate court to reverse this opinion, so this appellate ruling almost likely force a plaintiff appeal. The court correctly treats this as an easy Section 230 case. Consistent…

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