Section 230 appeals will be heard by the Supreme Court in February

The Supreme Court has set February 2023 as the date for arguments in two major Internet governance cases. As observed by bloomberg Reporter Greg StorrHearings Gonzalez v. GoogleAnd the Tamna against TwitterThey are scheduled to take place on February 21st, 22nd, and 22nd respectively.

The two casesIt could bring about a fundamental change in how platforms can recommend content, particularly material produced by terrorist organizations. Both stem from lawsuits alleging YouTube, Twitter, and other platforms supported Islamic State attacks by failing or recommending terrorist accounts and posts. Gonzalez v. Google’sThe plaintiffs claim that these suggestions should not be covered under Section 230 (Communications Decency Act), which protects web-services from liability for illegal material. Tamna against Twitter This question is related but distinct: do these services provide illegal material aid if they fail in their mission to expel terrorists.

Both Twitter and Google argue that removing Section 230 from the protections for its recommendation algorithm would have widespread negative impacts on the Internet. This would make it more difficult for sites to help users locate videos, tweets, and users by increasing their visibility. Among other things Gonzalez v. GoogleIt could reveal whether the Supreme Court believes that the recommendations are simply an extension of user generated content (which is covered under Section 230), or whether they are separate speech and not protected by the platform. For Twitter, the case will test Elon Musk’s willingness to defend his platform in court.

The Justice Department of President Joe Biden asked the court to reject some of Google’s arguments. Section He submitted a brief earlier this monthHe calls for it to overturn a lower judge’s decision in favor of Google and pushes for a narrower interpretation regarding Section 230 protections. Biden himself previously He proposed scrapping Section 230 entirelyAlthough he was not asked to do so, Undermining the lawDonald Trump is just as passionate as his predecessor.

Gonzalez And the Tamina It could be the beginning of a lengthy legal reassessment on how Section 230 & the First Amendment apply large web platforms. It seems that the Supreme Court is a resounding success. You will likely take up arguments On a pair of laws that could ban most content modification in Texas and Florida — and February’s arguments could provide a preview of their broader position on moderation.

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