● Covered by 1 source · 1 reportMedium impact1 negative
Kansas v. Snap: Court Remands Case to State, Snap's Federal Officer Claim Questioned
Key points
- Kansas AG sued Snap for deceptive practices and addictive design.
- Snap attempted to keep the case in federal court, claiming federal officer status.
- Snap cited work for DHS and FDA as grounds for federal officer status.
- The court rejected Snap's argument and remanded the case to state court.
Lawsuit Against Snap
Kansas Attorney General Kobach filed a lawsuit against Snap in state court, alleging "deceptive and unconscionable practices." The lawsuit claims Snap misrepresents its app's maturity ratings to app stores and designs its platform to be addictive.
Snap's Federal Officer Claim
Snap removed the case to federal court, arguing it qualified for federal jurisdiction because it was acting under the direction of a federal officer. To support this claim, Snap cited its work with the Department of Homeland Security (DHS) and the Food and Drug Administration (FDA), stating it was helping these agencies fulfill their statutory missions.
Court's Decision to Remand
The federal court granted Kobach's request to remand the case back to state court. For a case to remain in federal court under this provision, the litigant must demonstrate they acted under federal direction, the claim relates to government-directed conduct, and they have a colorable federal defense. The court found Snap's arguments insufficient to meet these criteria.
Implications for Internet Services
This ruling has implications for private internet services, which typically avoid being characterized as state actors to prevent Constitutional restrictions on content moderation. Snap's attempt to claim federal officer status could provide a precedent for future plaintiffs to argue that Snap, or similar services, are state actors when making content moderation decisions, potentially leading to increased litigation.
✨ This summary was generated by AI from the outlets' reporting listed below. It is not independently verified and may contain errors — check the original sources. How BrevFeed works →
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Reporting from
A federal court remanded Kansas's lawsuit against Snap back to state court, rejecting Snap's argument that it was acting under federal direction for DHS and FDA. This decision highlights the risks for private internet services that claim federal officer status, potentially exposing them to state actor litigation regarding content moderation.