A Seat at the Sitting - February 2023

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this episode are included below.Gonzalez v. Google (February 21) - Telecommunications; Whether Section 230(c)(1) of the Communications Decency Act allows social media companies to make targeted recommendations of information provided by another content provider, or only limits the liability of such services when they engage in traditional editorial functions. Twitter v. Taamneh (February 22) - Telecommunications; Whether a defendant providing generic services “knowingly” provided substantial assistance to terrorists using the platform under 18 U.S.C. § 2333 because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use.Dubin v. United States (February 27) - Criminal Law; Whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.New York v. New Jersey (February 27) - Whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey.Biden v. Nebraska (February 28) - Federalism, Administrative Law; (1) Whether six states have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the plan exceeds the secretary of education's statutory authority or is arbitrary and capricious.Department of Education v. Brown (February 28) - Federalism; (1) Whether two student-loan borrowers have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the department's plan is statutorily authorized and was adopted in a procedurally proper manner.Featuring: --Karen Harned, President, Harned Strategies LLC--John Richter, Partner, King & Spalding--Prof. Adam Candeub, Professor of Law & Director of the Intellectual Property, Information & --Communications Law Program, Michigan State University--Moderator: Robert S. Driscoll, Shareholder, Reinhart Boerner Van Deuren s.c.