The Supreme Court will hear oral arguments next month in Gonzalez v. Google and Twitter v. Taamneh, two cases that will weigh the limits of Section 230 of the 1996 Communications Decency Act, which shields Big Tech companies and other online platforms from lawsuits for hosting and moderating user posts.
In the Taamneh dispute, lower courts ruled that the case should proceed but declined to answer questions such as whether Twitter was immunized under Section 230, deciding rather to analyze the scope of online platforms' responsibilities under the Anti-Terrorism Act. Meanwhile, Google has pushed back on the Gonzalez petition. “This Court should not lightly adopt a reading of section 230 that would threaten the basic organizational decisions of the modern internet," the company said in its brief.
One of those justices, Clarence Thomas, wrote in 2020 about Section 230, saying,"In an appropriate case, we should consider whether the text of this increasingly important statute aligns with the current state of immunity enjoyed by Internet platforms." "This legislation will fix the misinterpretation of Section 230 immunity and ensure that Big Tech can no longer profit off of promoting terrorists’ content on their platforms," Buck said in a statement.
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