Twitter users are now wondering if mandatory blue checks are illegal

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Twitter users are now wondering if mandatory blue checks are illegal
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Is saying you pay for Twitter Blue a false endorsement?

Roberts makes clear there’s no slam dunk case against Twitter. Instead, there are a variety of state and federal rules — including the Lanham Act — that you could argue for applying in intriguing and relatively untested ways. Colorado, for instance, bans falsely representing “sponsorship, approval, status, affiliation, or connection” for a product.

But taking Twitter to court would require addressing serious complicating factors. As Roberts lays out, false endorsement claims often revolve around advertising campaigns, and the blue checkmark isn’t a conventional advertisement. Courts would have to decide whether those rules apply in Twitter’s situation at all, then

determine whether Twitter violated them. It’s probably not the kind of case you’d want to hash out against the attorneys of theThe Federal Trade Commission polices consumer protection laws in the US, and the agency has taken a. But it’s focused on issues around a consent order Twitter signed in 2011 — mainly dealing with the service’s privacy and security. The agency declined to comment on whether Twitter’s blue checkmark language could constitute false endorsement.

And the entire dust-up hinges on some language that Twitter could easily change. Until last week, the checkmark label made clear that someonehad a certain level of notability or subscribed to Twitter Blue. That still appears to be how the system works, and reverting it would seem to address the underlying false endorsement claims pretty neatly.

So let’s not lose sight of the real news: over the course of a single weekend, Twitter managed to turn its most coveted status symbol into something that users are so upset to be associated with that. I’m not sure this is a winning business strategy for Musk, but I can’t deny his talent for laying new and exciting legal minefields.

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