Social media needs to be policed — just not by the Supreme Court | Opinion
The oral arguments for Gonzalez v. Google make it clear that it’s up to Congress to clean up Big Tech.
It was a moment of levity during the oral arguments in Gonzalez v. Google, a lawsuit that sprung from tragedy and that could finally erode the broad liability protections that social media companies enjoy under federal law. While Kagan ribbed the court about its internet expertise, its members certainly have the intellectual heft to find a middle ground in the debate over how to police social media. But that is not the Supreme Court’s job. Its responsibility is to interpret the law as it is written, not to legislate from the bench. Liberal and conservative justices alike seem reluctant to draw new lines under Section 230 to diminish the legal cover for social media, and they are right to feel that way.
The internet was a relatively simple thing in 1996, when Congress wrote unsophisticated regulation to protect it and allow it to grow. And grow it did, to the point where it reshaped society. That kind of power demands that Congress create new rules that address the complexity of the internet today.
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