日中韓自由貿易協定(FTA)交渉の第10 回交渉会合(局長/局次長会合)が開催されます
「活力あふれる『ビンテージ・ソサエティ』の実現に向けて」(研究会報告書)をとりまとめました
自動走行との連携が期待される、地図情報に関する国際規格が発行されました
東京電力株式会社の会社分割について、電気事業法に基づき認可しました
【世論】無党派層が高市離れ? めちゃくちゃな政治で支持率に陰り=編集部
Dismiss Church’s Trademark Lawsuit Against “Mormon Stories” Podcast, EFF Urges Court
Imagine if McDonald’s could use trademark law to control how you use the term “fast food.” Or if the Canadian government could stop you from using the word “Canada” in the title of a book about the country and its people. That wouldn’t just be absurd; it would be an unacceptable obstacle to criticism of and commentary about those institutions. Yet the Church of Jesus Christ of Latter-day Saints (the “LDS Church”) has a track record of claiming exactly that kind of authority over the word “Mormon,” using the threat of expensive litigation to pressure speakers into compliance.
We at EFF have opposed the LDS Church’s abuse of trademark law for over a decade. In 2014, we filed an amicus brief when the church sued an online dating service for church members called Mormon Match. In 2016, it threatened legal action against our client the Mormon Mental Health Association, a nonprofit association for mental health professionals who work with members of Mormon faiths. In 2025, the church tried to pressure our client Burke Sorenson into changing the name of his Mormon News Roundup podcast. Now, the LDS Church has brought a lawsuit over a podcast called Mormon Stories that examines Mormonism and Mormon culture. With the help of attorneys at Ballard Spahr, EFF has filed an amicus brief in the case.
Our brief urges the district court to dismiss the case as soon as possible. Trademark is supposed to be about helping consumers identify the sources of the products they buy, not controlling criticism. That’s why our brief asks the court to use a test that’s more protective of speech than what’s applied in most trademark cases. This test, known as the Rogers test, has been adopted by many courts (but not yet this one) for cases where someone is using a trademark as part of an expressive work, rather than just as a brand name. We explain to the court that the Rogers test is an important First Amendment safeguard in part because it makes it easier to throw out meritless trademark claims before the most expensive parts of litigation, allowing more speakers to confidently stand up for their rights.
Our brief goes on to explain that First Amendment safeguards are especially important in cases like this one, where a plaintiff is seeking to control the use of a common term for its common meaning. Trademark law isn’t even supposed to extend to generic terms, and for good reason. Otherwise, we risk giving trademark owners power to control discussion and debate over entire topics.
It’s about time that a court shut down the LDS Church’s trademark bullying. We hope the court will do so here, while also taking the opportunity to endorse the Rogers test.
Meta Must Stop Silencing Reproductive Health Information
Access to accurate information about reproductive and maternal health can be critical. But on Meta's platforms, simply talking about prescription medication, abortion care, or one's own medical experiences can be enough to trigger content removals and account restrictions.
That's why EFF recently submitted a public comment to the Meta Oversight Board in its consideration of a case involving an Instagram post about prescription drugs during pregnancy and childbirth. The case touches upon a topic we’ve been documenting for some time; last year we collected stories from individuals who had experienced censorship of reproductive health information on various platforms. Meta in particular stood out: Its moderation systems routinely fail to distinguish between prohibited drug transactions and legitimate discussion of medications, including educational information and people's firsthand experiences with healthcare.
Through our Stop Censoring Abortion project, EFF collected nearly 100 submissions from healthcare providers, clinics, educators, advocates, researchers, and others whose reproductive health content had been removed or suppressed by social media platforms. What we found was alarming: systemic over-enforcement, confusing policies, arbitrary takedowns, sudden account bans, de-ranking, and appeals that too often went nowhere.
Talking About Medication Isn't the Same as Selling ItIn almost every case we reviewed, the censored posts and accounts did not actually violate the platforms' stated rules. Meta frequently cited its Restricted Goods and Services policy, which prohibits attempts to buy, sell, trade, donate, gift, or request pharmaceutical drugs. But the content EFF documented overwhelmingly consisted of factual or educational information—not attempts to sell or distribute drugs.
The consequences were significant. For example, the Miscarriage+Abortion Hotline had its Instagram account restricted and posts removed even though it was providing information about legally obtaining medication rather than offering pharmaceuticals for sale. Red River Women's Clinic and the RISE reproductive health research center at Emory University had accounts locked after posting about mifepristone.
Other users reported having their content quietly de-ranked or “shadowbanned,” limiting its reach without giving them meaningful notice or recourse. We believe educational content and people's experiences involving reproductive healthcare and medication should not be suppressed in this way.
And when Meta gets these decisions wrong, the appeals process too often fails to fix them. In several cases EFF documented, accounts were restored only after journalists drew attention to the problem or someone with a personal connection inside Meta intervened. A moderation system shouldn't require knowing the right person to get an erroneous decision reversed.
Meta Can—and Must—Do BetterOur submission calls on Meta to make five changes—the same five changes we asked for last year.
First, Meta should publish clear, understandable policies so users can know what content is permitted and what might result in removal, downranking, or account suspension. Second, those rules must be enforced consistently and fairly. Third, Meta must provide meaningful explanations for enforcement decisions, including what rule was violated and how users can appeal. Fourth, users need a functional appeals system that doesn't depend on insider access.
Finally, Meta should expand human review. Reproductive healthcare is precisely the sort of nuanced and context-dependent subject that automated moderation systems struggle to understand. As our research shows, automated systems can mistake education for drug sales, misinterpret terminology, overlook cultural and political context, and even classify legitimate advocacy as dangerous content. Human moderators should therefore play a greater role when automated systems flag sensitive healthcare information or political expression.
Meta has chosen to allow discussion of reproductive healthcare, including abortion, on its platforms. That commitment means little if its moderation systems nevertheless prevent people from accessing or sharing that information.
At a moment when reproductive rights are under attack around the world, the stakes are particularly high. Restricting access to essential healthcare information can have profound consequences, especially for people who already face barriers to reproductive care.
Users deserve a system in which rules aren't applied arbitrarily, appeals actually work, and vital health information isn't silenced because an automated system failed to understand its context. Meta can—and must—do better.
You can read our comment in full below.