The Supreme Court appears unlikely to gut tech companies’ coveted legal protections on how they police content — like amplifying or hiding posts — for users.
The Supreme Court appears unlikely to gut tech companies’ coveted legal protections that cover how they recommend and curate content for users.
Even Justice Clarence Thomas — who for years had urged in separate dissents for the court to take up a Section 230 case — seemed unconvinced that algorithms aren’t covered by the liability shield. “I see these as suggestions and not really recommendations, because they don’t really comment on them,” Thomas said of YouTube’s use of algorithms to promote videos.
“Once we go with you, all of a sudden, we’re finding that Google isn’t protected, and maybe Congress should want that system. But isn’t that something for Congress to decide, not the court?” she said to Eric Schnapper, a University of Washington law professor representing the Gonzalez family. Jackson, the court’s only justice appointed by President Joe Biden, repeatedly argued that tech companies’ protection from liability should be limited to the actual hosting and transmission of user-created content, with all decisions about how to organize, rank and display that content subject to potential litigation under ordinary legal standards.
Google’s lawyer, Lisa Blatt of Williams & Connolly, said the law had dual purposes and one key part was to promote robust debate in a critical field of emerging technology.
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