Ari Cohn
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aricohn.com
Ari Cohn
@aricohn.com
49K followers 800 following 8.9K posts
First Amendment & defamation lawyer.

Lead Counsel for Tech Policy @thefireorg.bsky.social
Past: Free Speech Counsel @TechFreedom.org

Illini/music junkie/oofnik.

“A snarky gay lawyer Jessica Fletcher.”

Posts are my own.

https://linktr.ee/aricohn
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aricohn.com
November 7, 2025 at 5:53 PM
aricohn.com
Being a feckless government thug isn't a protected class. Every business owner in the Chicago area should be refusing to serve or sell things to federal agents, and residents should boycott any establishment that doesn't.

Let them go to Indiana if they want food.
Picture of cannibalistic pig Dan Bovino purchasing a slim Jim
November 7, 2025 at 2:15 PM
aricohn.com
Turns out it wasn't the basement of a pizzeria they were looking for, but rather the bottom of a McDonald's bag.
November 6, 2025 at 7:48 PM
aricohn.com
Other half committed to destroying rights, freedoms
November 3, 2025 at 10:15 PM
aricohn.com
While it would be frivolous, Carr's eager entertaining of the "news distortion" complaint against CBS for editing a Kamala Harris interview—and his language here—gives up his game:

Brendan Carr's assessment of frivolousness is based neither in law nor in principles.
@8rendancarrFCC Due to the Schurner Shutdown, even your frivolous filing could not be processed by the FCC. But seriously, you should end the Schurner Shutdown-which is imposing real pain on Arnerican families-rather than nonsense posting. You should open the govemrnent, ratherthan using Americans' pain to pander to your far left flank. uvuckSchumere @SenSchumer • 13h Maybe I should file a complaint with the FCC against the Trump White House for editing his unhinged 60 Minutes interview. It will use the sarne language Trump lodged against Vice President Rate proposed Comnwnity Notes g:46 AM Nov 3, 2025 to 510 Views 0 24K
November 3, 2025 at 7:57 PM
aricohn.com
If you're ever tempted to believe or cite Jonathan Haidt's moral panic crusade against social media, you should consider that he's now also part of Heritage's crusade to criminalize porn.
November 2, 2025 at 5:00 PM
aricohn.com
This conversation is such a pithy summary of my life
October 24, 2025 at 4:49 AM
aricohn.com
8) Ok except literally none of that.

Seriously, this is one of the worst appellate briefs I have ever read and that is REALLY saying something.

pdfhost.io/v/bxeazBfmVb...
Meta's role in this case transcends that of a passive intermediary. It engineered, optimized, and profited from a system that weaponized Plaintiffs identity. The principles articulated in Gonzalez, Lemmon, and TikTok affirm the plausibility of Plaintiffs negligence, negligent entrustment, and product liability claims. These claims should not have been dismissed without discoveIY and factual development.
October 16, 2025 at 4:17 AM
aricohn.com
7) I hate to be the bearer of bad news but at a *bare minimum* those are...by definition editorial decisions?
The totality of Plaintiffs allegations shows not merely failure to remove offensive content, but affirmative conduct by Meta that caused or worsened Plaintiffs injury: • • • Meta recommended the defamatory thread to users based on engagement metrics; Meta monetized the engagement through targeted ads; Meta failed to act on Plaintiffs content reports, despite internal tools that allowed immediate remediation; Meta maintained a system that rewarded group administrators financially for promoting viral—even if false—content. These are not protected editorial decisions. They are foreseeable, profit-driven design choices with clear externalities, making dismissal of Plaintiffs claims premature and inconsistent with contemporary tort principles.
October 16, 2025 at 4:16 AM
aricohn.com
6) I can't even with the negligent entrustment of algorithms argument. Just...what.
In the context of modem digital products, algorithmic tools and content-ranking systems are the ftnctional equivalent of hazardous instruments, and the negligent entrustment of such tools—especially to users known to misuse them—creates actionable liability. (See Herrick v. Grindr LLC, 765 F. App'x 586, 590—91 (2d Cir. 2019), emphasizing that negligence claims may survive where a platform fails to address well-known risks of product misuse.)
October 16, 2025 at 4:15 AM
aricohn.com
5) This bizarro description of Gonzalez v. Google, which rather famously *expressly declined to do all of those things*
In Gonzalez v. Google LLC, 598 U.S. 617 (2023), the Supreme Court signaled openness to narrowing Section 230 of the Communications Decency Act where platforms employ recommendation algorithms that promote specific user-generated content based on platform- generated metadata. Although the Court ultimately remanded on other grounds, the decision recognized that platforms may bear liability when their content curation systems materially contribute to the illegality or harm of third-party content. Ninth Circuit's unchallenged holdings below. We therefore decline to address the application of to a complaint that appears to state little, if any, plausible claim for relief. Instead, we vacate the judgment below and remand the case for the Ninth Circuit to consider plaintiffs' complaint in light of our decision in Twitter.
October 16, 2025 at 4:05 AM
aricohn.com
4) This, uh, interesting description of Section 230
A. Meta's Algorithm Functioned as an Active Agent in Amplifying Harm Meta cannot cloak itself in Section 230 immunity where its role extends beyond passive hosting to active engineering ofuser experiences through design choices that fuel and disseminate defamatory and dangerous content (R. 87 at 5-6).
October 16, 2025 at 4:03 AM
aricohn.com
3) Algorithms = conspiracy, I guess? lol
While civil conspiracy claims must be pled with factual specificity, courts recognize that such claims are often proven through circumstantial evidence and reasonable inferences. However, mere parallel conduct or mutual interest, without specific facts showing agreement, is insufficient to support a conspiracy claim. (Redelmann v. Claire Sprqvwqv, Inc., 874 N.E.2d 230, 240 (Ill. App. Ct. 2007)). Plaintiff alleged exactly this: Sanchez and Millbrand co-owned Spill the Tea, Inc., operated the Facebook group, controlled access and moderation, and used inflammatory content to drive user donations and revenue streams via crowdfunding and Patreon. They deployed group rules and content filters not to prevent harm, but to strategically avoid liability while allowing doxing and defamatory posts to flourish, particularly against male targets like Plaintiff. Meta, through its algorithm and moderation infrastmcture, selectively amplified posts containing Plaintiffs identity, thereby acting as a willing participant in furthering the conspiracy by promoting false, reputation-damaging content.
October 16, 2025 at 4:02 AM
aricohn.com
2) Citing the *Illinois* pleading standards in arguing that a *federal* court imposed too high a burden at pleading (Rule 9(g) does not permit such generalized pleading of damages in defamation cases).

It's a step away from claiming Conley v. Gibson is still the standard
Under Illinois law, a plaintiff need not plead precise dollar amounts or itemized losses at the motion to dismiss stage. It is sufficient to allege general damages such as injury to reputation, personal humiliation, and mental anguish. This principle is supported by the Seventh Circuit's damages. To state a claim for defamation per quod, a plaintiff must plead special damages with palticularity. Cody v. Hams, No. 03-CV-934, 2004 U.s. Dist. LEXIS 6934 at (N.D. Ill. Jan. 21, 2004). "Although an estimation of final total dollar amounts lost is unnecessary, the pleadings must demonstrate some actual pecuniary loss. " Action Repair, Inc. v. American Broadcasting Cos, 776 F.2d 143, 149—50 (7th Cir. 1985) (internal citations omitted). In his complaint, Plaintiff alleges damage to his "personal and professional reputation," and "emotional distress, humiliation, embarrassment, and "mental suffeling." Compl. 21. Such allegations do not demonstrate any pecuniary loss and are "clearly not sufficient to state a claim for special damages. " Cody, 2004 U.S. Dist. LEXIS at *17. Accord Brown and Williamson Tobacco Cow. v. Jacobson, 713 F.2d 262 (7th Cir. 1983) (pleading general reputational harm is insufficient to satisfy special damages pleading requirements).
October 16, 2025 at 4:01 AM
aricohn.com
Highlights include:

1) Screwing up Illinois' rule of innocent construction, and claiming the court did something (hold the statements entirely nonactionable) that it did not do.

What it did was hold them not actionable *per se* because ANY reasonable innocent reading kills a per se claim.
Despite this, the District Court invoked the "innocent constmction rule", which requires that a defamatory statement be considered nonactionable if it can be reasonably interpreted in an imocent way. But the rule is not a license to dismiss plausible defamatory meaning at the pleading stage, particularly when the alleged implication is contextually unavoidable. falls into one of these categories does not automatically make it per se defamation. "Even if a statement falls into a recognized category, it will not be actionable per se if the statement 'may reasonably be innocently interpreted or reasonably be interpreted as referring to someone other than the plaintiff. "' Muzikowski I, 322 F.3d at 924 (7th Cir. 2003) (quoting Chapski u Copley Press, 442 N.E.2d 195, 199 (Ill. 1982)). In Illinois courts, whether the statement may be reasonably innocently interpreted or interpreted as referring to someone other than the plaintiff, is a determination "made by the judge and it is regarded as a question of law." ld, "[l]fa statement is capable of two reasonable constructions, one defamatory and one innocent, the innocent one will prevail." ld.
October 16, 2025 at 3:58 AM
aricohn.com
Part of me wants to say this is maybe one of the least (inadvertently) deranged ideas he's ever had, that maybe he'll actually get an education on how things actually work.

But he's definitely going to shout "wrong" in the middle of oral arguments like a buffoon.

www.bloomberg.com/news/article...
"I think I'm going to go to the Supreme Court to watch it," Trump told reporters Wednesday in the Oval Office. "I've not done that, and I had some pretty big cases. I think it's one of the most important cases ever brought, because we will be defenseless against the world."
October 15, 2025 at 11:59 PM
aricohn.com
cat poop dude hardest hit
DMIinic Michæl TrW @DMichaeLTripi Subscribe NEW. X eEcutive says creator monetization program may potentially be ended, saying that the system does "more harm than good." 10:27 AM Oct 15, 2025 Mews 697
October 15, 2025 at 8:07 PM
aricohn.com
If you were an admin or member of one of the Facebook groups that the DOJ jawboned Facebook into censoring, we want to talk to you!

Please shoot me a message,
Rtorney Pamela ' @AGPamBondi Today following outreach from @thejusticedept, Facebook removed a large group page that was being used to dox and target @lCEgov in Chicago. The wave of violence against ICE has been driven by online apps and social media campaigns designed to put ICE officers at risk just for doing their jobs. The Departrnent of Justice will continue engaging tech companies to eliminate platforms where radicals can incite imminent violence against federal law enforcernent. Last edited g:23AM , Oct 14, 2025 Views
October 14, 2025 at 6:35 PM
aricohn.com
MEAL Team Six
Lard-ass Nation guardsmen
October 14, 2025 at 2:22 PM
aricohn.com
Breaking: Gavin Newsom VETOES SB 771

www.gov.ca.gov/wp-content/u...
OFFICE OF THE GOVERNOR OCT 13 2025 To the Members of the California State Senate: am returning Senate Bill 771 without my signature. This bill seeks to hold social media platforms 'iable for algorithms that relay content violating specified California civil rights laws to their users. support the author's goal of ensuring that our nation-leading civil rights laws apply equally both online and offline. likewise share the author's concern about the growth of discriminatory threats, violence, and coercive harassment online. am concerned, however, that this bill is premature. Our first step should be to determine if, and to what extent, existing civil rights laws are sufficient to address violations perpetrafed through algorithms. To the extent our laws prove inadequate, they should be bolstered at that time. For this reas , I cannot sign this bill. Sinc ely, Ga m
October 13, 2025 at 10:46 PM
aricohn.com
I feel 101 years old. Here are 7 things I can now fall asleep in the middle of doing.
I'm 101 years old. Here are 7 things I think are 'longevity secrets.' It might just be due to luck. But there are a few things that I've done throughout my life that may have made a difference.
October 13, 2025 at 8:02 PM
aricohn.com
And if you think you're safe on the left, you're not.

The right has been pushing that calling them "fascist" should be illegal / somehow punished.

With SB 771 they'll be able to sue platforms for aiding & abetting intimidation/violence based on political affiliation for allowing you to post that.
California Code, Civil Code - CIV § 51.7 Current as of January 01, 2024 | Updated by FindLaw Staff (a) This section shall be known, and may be cited, as the Ralph Civil Rights Act of 1976. (b)(1) All persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics. The identification in this subdivision of particular bases of discrimination is illustrative rather than restrictive.
October 13, 2025 at 4:38 PM
aricohn.com
Primarily, that it's not to a woman chained to the floor in self-built underground bunker
October 13, 2025 at 1:51 AM
aricohn.com
I have some bad news for JD Vance if he thinks violating the oath of office is "pretty criminal."

abcnews.go.com/Politics/pri...
October 12, 2025 at 5:32 PM
aricohn.com
This new Fort Minor song fucking sucks
October 12, 2025 at 1:56 AM