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1 1 (September 6, 2024)

handle is hein.crs/goveqnr0001 and id is 1 raw text is: Congressional Court Watcher: Circuit Splits from August 2024 September 6, 2024 The U.S. Courts of Appeals for the thirteen circuits issue thousands of precedential decisions each year. Because relatively few of these decisions are ultimately reviewed by the Supreme Court, the U.S. Courts of Appeals are often the last word on consequential legal questions. The federal appellate courts sometimes reach different conclusions on the same issue of federal law, causing a split among the circuits that leads to the non-uniforn application of federal law among similarly situated litigants. This Legal Sidebar discusses circuit splits that emerged or widened following decisions from last month on matters relevant to Congress. The Sidebar does not address every circuit split that developed or widened during this period. Selected cases typically involve judicial disagreement over the interpretation or validity of federal statutes and regulations, or constitutional issues relevant to Congress's lawmaking and oversight functions. The Sidebar only includes cases where an appellate court's controlling opinion recognizes a split among the circuits on a key legal issue resolved in the opinion. Some cases identified in this Sidebar, or the legal questions they address, are examined in other CRS general distribution products. Members of Congress and congressional staff may click here to subscribe to the CRS Legal Update and receive regular notifications of new products and upcoming seminars by CRS attorneys. * Communications: The Third Circuit ruled that the lower court erred in dismissing a suit brought by a parent against TikTok. The plaintiff alleged that her child died when attempting to emulate activities shown in videos recommended to the child via TikTok's algorithm. The panel reversed the lower court's ruling that TikTok was shielded from liability by Section 230 of the Communications Decency Act, which generally immunizes providers and users of interactive computer services from liability for content posted by third parties. The panel's majority opinion observed that the Supreme Court recently recognized in Moody v. NetChoice, LLC that a platform's editorial judgments in compiling third-party content are themselves expressive activity covered by the First Amendment. Applying NetChoice, the majority reasoned that TikTok's algorithmic recommendations were the platform's own expressive activity, not those of a third party, and therefore TikTok was not shielded by Section 230 from products liability and negligence claims that were based on the algorithm. The majority observed that its ruling Congressional Research Service https://crsreports.congress.gov LSB11222 CRS Legal Sidebar Prepared for Members and Committees of Congress

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