SCOTUS to Take Up Section 230 Challenges

SCOTUS to Take Up Section 230 Challenges

WASHINGTON — The U.S. Supreme Court announced today that it will hear two cases that could lead to landmark decisions about Section 230 liability protection for online platforms.

The cases, Bloomberg reported today, mark “the court’s first test of the broad immunity social media companies have enjoyed under a provision known as Section 230, part of the 1996 Communications Decency Act.”

Digital rights advocates universally consider Section 230 to be a crucial bulwark against state and corporate censorship of controversial speech, including sexual expression and legal adult content.

Section 230 “has become a target of conservatives, including former President Donald Trump, who say it lets left-leaning tech companies censor right-wing voices,” the Bloomberg report continued.

As XBIZ has reported, the 1996 provision, once part of a Clinton-era censorship package aimed at sexual content online, is the only part of that legislation still in effect, and has shaped content moderation practices since the first expansion of the internet to consumers worldwide.

Two Cases Involving Social Media Platforms and Terrorist Attacks

The Supreme Court announced today that it will hear a case involving Google, which is being sued by the family of one of the victims of a 2015 terrorist attack in Paris. The family of Nohemi Gonzalez claims that Google’s YouTube service, “through its algorithms, violated the Anti-Terrorism Act by recommending the terrorist group’s videos to other users,” Bloomberg reported.

The plaintiffs are looking for SCOTUS to legitimize a carve-out of Section 230 protections concerning recommendation algorithms.

The lawyers for Gonzalez’s family have argued, “Whether Section 230 applies to these algorithm-generated recommendations is of enormous practical importance. Interactive computer services constantly direct such recommendations, in one form or another, at virtually every adult and child in the United States who uses social media.”

Google’s counsel warned against adopting a reading of section 230 “that would threaten the basic organizational decisions of the modern internet.”

The court will also hear a case against Twitter involving another terrorist attack, this one at an Istanbul nightclub in 2017, with the plaintiffs in that case also appealing to the Anti-Terrorism Act and seeking a Section 230 carve-out.

Justice Clarence Thomas has repeatedly asked for Congress to clarify the immunity provisions of Section 230, opining in March that “assuming Congress does not step in to clarify Section 230’s scope,” SCOTUS “should do so in an appropriate case.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Australian Government's Social Media Access Proposal Endorses Porn-Stigmatizing Report

The Australian Labor government led by Prime Minister Albanese recently announced its intention to introduce legislation this year “to enforce a minimum age for access to social media and other relevant digital platforms,” stating the upcoming proposal would be based on a recent report that uses stigmatizing language to characterize all adult content.

Show More