Second Circuit Holds First Amendment Claim Against School Regulation of Off-Campus Speech Unlikely to Succeed on the Merits By Jay Gill — Edited by Nicola Carah Doninger v. Niehoff Second Circuit, May 29, 2008, No. 07-3885 Slip Opinion The Second Circuit unanimously affirmed the Connecticut District Court’s decision to deny a motion for preliminary injunction in a case involving a high school’s alleged violation a student’s First Amendment rights. Ms. Doninger filed suit after the high school prohibited her daughter ... Read More...

Fifth Circuit Holds No Safety Exception to Communications Decency Act ISP Immunity By Anna Volftsun — Edited by Nicola Carah Doe v. MySpace, Inc. Fifth Circuit, May 16, 2008, No. 07-50345 Slip Opinion On May 16, 2008, the Fifth Circuit unanimously upheld the Western District of Texas, finding Section 230(c)(1) of the Communications Decency Act (“CDA 230”) barred a parent’s claims for negligence and gross negligence against the social networking site, MySpace.com. The suit was brought on behalf of Doe’s ... Read More...