The Supreme Court hears arguments for two cases that could reshape the future of the internet
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Justice Alito: “If this was a criminal case I think it’s clear it would not be aiding and abetting liability.”
But that doesn’t get Twitter off the hook here, as the court is questioning Waxman about whether the company’s conduct meets the Halberstam standard for liability. Here are the basics of that standard:
(1) “the party whom the defendant aids must perform a wrongful act that causes an injury”; (2) “the defendant must be generally aware of his role as part of an overall illegal or tortious activity at the time that he provides the assistance”; and (3) “the defendant must knowingly and substantially assist the principal violation.”
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