The right-wing assault on the internet fizzled completely at the Supreme Court.
, which are terrified of getting sued into oblivion because their algorithms prioritized content that may be illegal. Luckily for them, the plaintiffs’ theory clashes with the text of the law, for at least two reasons. First, Section 230 protects websites when they act as a “publisher,” and organizing content is the essence of publication. When YouTube designs an algorithm that promotes videos to certain users, that process is a part of publication, too—and thus legally protected.
It was also Kavanaugh who delivered a remarkable defense of the law as it’s read today. “Congress drafted a broad text,” he told Eric Schnapper, who represented the plaintiffs. “That text has been unanimously read by courts of appeals over the years to provide protection in this sort of situation. You want to challenge that consensus,” but doing so could “crash the digital economy.
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