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Usa V. Comprehensive Healthcare Management Services Llc

2026 Decisions

USDC for the Western District of Pennsylvania

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Usa V. Darrell Devonish

2026 Decisions

USDC for the Middle District of Pennsylvania

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Usa V. Dennis Bastian

2026 Decisions

USDC for the Middle District of Pennsylvania

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Lourdes Hernandez Sorto V. Attorney General United States Of America

2026 Decisions

Agency

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Usa V. Luis Gomez

2026 Decisions

USDC for the Eastern District of Pennsylvania

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Usa V. Clarence Gaffney

2026 Decisions

USDC for the District of New Jersey

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Robert Lynn V. Bank Of New York Mellon

2026 Decisions

USDC for the District of New Jersey

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Regulating Manipulative Design Is Not Preempted By Cda 230 Or The First Amendment, Brett Frischmann, Peter Ormerod

Faculty Publications

For over two decades, there has been a heated debate among legal scholars, activists, judges, and others about the scope of Section 230 of the Communications Decency Act. A persistent theme in those debates has been hyperbolic claims about the necessity of immunity from state laws for digital tech platforms and fearmongering that anything less than maximum immunity will destroy the Internet.

This Article argues that states retain considerable discretion to regulate digital platforms’ design and engineering decisions. We argue that manipulation, engineered behavior, and even habituation and normalization of engineered behavior by digital platforms are content-agnostic harms attributable to …

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