Written by attorneys · grounded in primary & secondary sources — see below
A collection of related web pages and associated digital content hosted on the Internet and accessible through a common domain name.
Sources & Authorities
How it applies
Common Examples
6
Age Verification Statute Challenged
Winston West launches a website containing sexually explicit material. A federal statute requires age verification for all visitors and imposes criminal penalties for noncompliance. Winston sues to enjoin enforcement. The court holds the statute unconstitutional because parents can install filters as a less restrictive alternative and the government failed to prove its measure is the least restrictive effective option.
Injunction Request Against Site
Wren Wright operates a website that allegedly infringes a patent held by Willowbrook Capital. Willowbrook seeks a permanent injunction to shut down the infringing features. The court applies the traditional four-factor equitable test and denies the injunction after finding that monetary damages would adequately compensate the patent holder.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Casebooks
Hornbooks
Course Outlines
Study Supplements
eBay Inc. v. MercExchange, L. L. C.547 U.S. 388 (2006)
Corporate Video on Website
Windham Technologies produces a documentary critical of a political candidate and makes it available for free on its website. Federal election law restricts corporate expenditures for such speech. The court holds that the restrictions violate the First Amendment because corporations enjoy the same free-speech protections as individuals when engaging in political speech through websites.
Citizens United v. Federal Election Commission558 U.S. 310, 352 (2010)
Overbroad Internet Regulation
Waverly Insurance maintains a website with adult-oriented content accessible to minors. A statute criminalizes any online communication that is indecent for minors. The court strikes down the statute as overbroad because it suppresses substantial protected speech for adults and less restrictive alternatives exist to protect children.
Reno v. American Civil Liberties Union521 U.S. 844 (1997)
School Assignment Website
Walter Washington operates a public-school website that posts student assignment policies using racial tiebreakers. Parents challenge the policy as violating equal protection. The court holds that the racial classifications are subject to strict scrutiny and are unconstitutional because they are not narrowly tailored to achieve a compelling interest.
Parents Involved in Community Schools v. Seattle School District No. 1551 U.S. 701, 127 S. Ct. 2738, 168 L. Ed. 2d 508 (2007)
Standing for Website Data Error
Wade Watson discovers inaccurate personal information about himself on a website operated by Walker Valley Produce. He sues for statutory damages under the Fair Credit Reporting Act. The court holds that he lacks Article III standing because he failed to allege a concrete and particularized injury traceable to the website's inaccurate report.
Spokeo, Inc. v. Robins136 S. Ct. 1540 (2016)
Common questions
Frequently Asked
3
How does a website's interactivity affect personal jurisdiction analysis?+
A website that specifically targets forum residents by providing rate information, accepting reservations, and offering driving directions can constitute purposeful availment supporting specific jurisdiction over related claims.
Supporting sources
When may a corporation satisfy disclosure obligations by posting on its website?+
Under the Model Business Corporation Act, a corporation may satisfy certain notice and financial-statement delivery requirements by posting the materials on its website or by other generally recognized means.
Supporting sources
Does a website post that names an individual and accuses misconduct support a defamation claim?+
A jury may find liability when the post explicitly names the plaintiff, the accusations are false, and evidence shows the post was the decisive factor in causing proved actual harm to reputation and lost professional opportunities.
Supporting sources
138 S. Ct. 2392 (2018)Legislation and Regulation
…States until our country’s representatives can figure out what is going on.” App. 158. That statement remained on his campaign website until May 2017. Id. , at 130–131. Then-candidate Trump also stated that “Islam hates us” and asserted that the United States was “having problems with Muslims coming into the country.”…
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