Eric Goldman
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ericgoldman.bsky.social
Eric Goldman
@ericgoldman.bsky.social

Associate Dean for Research & Professor, Santa Clara Law. Internet Law, IP, Advertising Law. He/him. Website: http://www.ericgoldman.org. Email: egoldman@gmail.com

Eric Goldman is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute and co-supervises the law school's Privacy Law Certificate. .. more

Business 29%
Political science 26%

You may recall a photographer's copyright lawsuit against a tattoo artist for depicting a photo in a tattoo. The jury ruled for the tattoo artist.

On appeal, the Ninth Circuit shuts the photographer down: cdn.ca9.uscourts.gov/datastore/me...

Prior coverage: blog.ericgoldman.org/archives/202...
cdn.ca9.uscourts.gov

My selfie: 🧙
An official account of the United States government is dreamposting about deporting 80+ million citizens
On Jack Smith deposition, now released:

100% obvious why GOP refused to allow this as open testimony, aired live. It's damning.

Testimony from John Dean or Alex ("wiretaps") Butterfield in Watergate days would have 1/10th the impact if just in print.

What Smith says is far more incriminating.
This should not be shrugged aside. They have stopped with the fake 22 million illegal immigrants things and are flat out saying we want to deport 10's of millions of citizens and legal residents from "third world countries" Basically they are advocating removing 1/3 of the population on a gov site.
probably not a great sign that Trump's assistant AG for civil rights uses a slur for people with disabilities
Can a school district fire an assistant principal for ranting on Facebook about "demtards"?

cdn.ca9.uscourts.gov/datastore/op...

(Answer: yes, though the fact he falsely claimed he was hacked, plus his other intemperate statements, surely also contributed)

FOSTA/SESTA wasn't necessary papers.ssrn.com/sol3/papers....

For more on the interplay between Section 230 and state crimes: papers.ssrn.com/sol3/papers....
The Complicated Story of FOSTA and Section 230
In 2018, Congress passed the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), designed to attack the online promotion of sex traf
papers.ssrn.com
USPS quietly changed its postmark rules — mail is no longer dated when you drop it off. The “official” date is when it hits automated sorting — sometimes days later

Which could have major implications for mail in voting — it’s a clever way to disenfranchise voters that’s going largely overlooked

Reposted by Eric Goldman

Assistant AG for civil rights at DOJ Harmeet Dhillon is on a tear and pissing off a lot of MAGAts in the process 🍿

Reposted by Rebecca Tushnet

@mmasnick.bsky.social: "The US government is blocking people from entering the country because those people advocated for content moderation policies the government doesn’t like....it’s doing this in the name of protecting free speech" www.ms.now/opinion/marc...
Opinion | Marco Rubio is using real censorship to fight fake censorship
Mike Masnick: In the name of protecting free speech, the U.S. government just banned five Europeans from entering the country because it doesn’t like their speech.
www.ms.now

Can someone please respond to Stephen Miller with this message from Frank Sinatra?

I don't think there's any understanding of the First Amendment under which this ("our Savior") is constitutional. Yet they don't care, and they've eliminated all the attorneys who would've objected.

Kudos to the Goldwater and Cato Institutes for condemning it.

www.nytimes.com/2025/12/25/a...
Trump Administration Emphasizes Religion in Official Christmas Messages
www.nytimes.com
Trump on Christmas: “Tonight, at my direction as Commander in Chief, the United States launched a powerful and deadly strike against ISIS Terrorist Scum in Northwest Nigeria.”
“Like Prime, but with human beings.”

So I have the cover story in next month's TNR.

I interviewed the heads of police groups; immigration defense attorneys, ex-judges and ex-prosecutors; former DOJ and DHS officials, and the former head of Border Patrol.

They're all horrified at what we've seen, and they all fear what's coming.
Trump’s Immigration Nightmare: It Is Happening Here
With astonishing speed, the administration has toppled the most cherished pillars of a free society. And the experts agree: It’s all going to get much, much worse.
newrepublic.com

Reposted by Eric Goldman

CNN @cnn.com · 9d
The US State Department imposed visa sanctions on a former top European Union official and employees of organizations that combat disinformation for alleged censorship.
State Department imposes sanctions on former EU official, disinformation group leaders for ‘censorship’ | CNN Politics
The US State Department on Tuesday imposed visa sanctions on a former top European Union official and employees of organizations that combat disinformation for alleged censorship – sharply ratcheting ...
www.cnn.com

Reposted by Eric Goldman

Inspired by a conversation with @ericgoldman.bsky.social , I created this silly AI slop song w/Suno

"All I want for Christmas is 230"
suno.com/s/OLVE7xviSs...

(The cover photo fried me 😭 none of those numbers are 230...)
All I want for Christmas is 230 (Remastered)
Listen and make your own on Suno.
suno.com
NEW:

One brought a gun home.

One moved.

Others improved home security.

Life as a federal judge in the age of Trump:

www.nbcnews.com/politics/pol...
Judges who ruled against Trump say harassment and threats have changed their lives
More than 100 pizzas were delivered to the homes of judges and their families this year, some with signs of foreign involvement. Judges say the message is clear: We know where you live.
www.nbcnews.com

Reposted by Eric Goldman

Are you a reasonable consumer?
2025 Reasonable Consumer Quiz -
See how you stack up.
truthinadvertising.org
On DOGE’s watch, federal spending did not go down at all. It went up. But is still led to cuts that closed offices, canceled programs and deprived people of food, medicine and other aid.

www.nytimes.com/2025/12/23/u...
How Did DOGE Disrupt So Much While Saving So Little?
www.nytimes.com

Reposted by Michael Kevane

Blog Post: District Court Again Rejects Plaintiffs’ Attempts to Manufacture Common Law Notice-and-Takedown Duties–Bogard v. TikTok

blog.ericgoldman.org/archives/202...
District Court Again Rejects Plaintiffs' Attempts to Manufacture Common Law Notice-and-Takedown Duties-Bogard v. TikTok - Technology & Marketing Law Blog
This is a quirky lawsuit designed to subvert Section 230, the First Amendment, and traditional common law. I previously summarized the case: This lawsuit purports to focuses on the allegedly defective...
blog.ericgoldman.org
Sean Duffy on blue states: "What I can do is I can pull their money. That's the leverage I do have ... I guarantee you that the federal taxpayer is not going to fund their roads and bridges and their systems when they are putting illegals on the roads."

The New York Times investigated 346 people who donated at least $250,000 to Trump and found that more than half of them (197) have received pardons, jobs, government contracts, special treatment, or favors.
Hundreds of Big Post-Election Donors Have Benefited From Trump’s Return to Office
Well into his second term, the president and his allies have continued aggressively raising money. Many donors have interests before his administration, The Times found.
www.nytimes.com