Snap Tries to Be a Government Actor to Move a Lawsuit—and Hands Plaintiffs a Weapon
Snap Wants to be a State Actor??–Kansas v. Snap
Kansas Attorney General Kobach sued Snap over deceptive and addictive practices. Snap removed the case to federal court, arguing it acted under federal direction through its work for DHS and FDA. The court remanded, finding no strict guidance or control. Eric Goldman warns that Snap's argument gives future plaintiffs easy material to claim Snap is a state actor when moderating content—a potentially existential legal risk for a small procedural win.
Snap has provided plaintiffs with easy cut-and-paste material to support those plaintiffs’ claims that Snap 'censored' them on behalf of the US government.