TikTok Not Immune From Its Own First-Party Expression In Curating, Promoting Videos

(September 9, 2024, 8:47 AM EDT) -- PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals reversed in part and vacated in part the judgment of a Pennsylvania trial court dismissing a lawsuit by the mother of a 10-year-old girl who accidentally asphyxiated herself after watching a video encouraging similar behavior curated by an online video service and featured on the girl’s “For You Page,” ruling that the curation and promotion of videos is first-party expressive conduct, not third-party conduct for which the service was immune from liability under the Communications Decency Act (CDA)....