Clarence Thomas Calls for High Court Review of Section 230

Clarence Thomas Calls for High Court Review of Section 230

WASHINGTON, D.C. — Supreme Court Justice Clarence Thomas today used a concurrent opinion about a case the court decided not to hear to issue a broader challenge on current liability protections for online platforms provided by Section 230, the so-called “First Amendment of the internet.”

Thomas agreed with the majority’s view that the court would not hear a case concerning malware blocking software companies Malwarebytes Inc. and Enigma Software Group USA LLC, but he also used the occasion to “open the door for the court to hear a broader challenge to Section 230 and decide ‘whether the text of this increasingly important statute aligns with the current state of immunity enjoyed by internet platforms,’” as legal news site Courthouse News reported.

“Courts have long emphasized nontextual arguments when interpreting §230, leaving questionable precedent in their wake. Extending §230 immunity beyond the natural reading of the text can have serious consequences,” Thomas also wrote, and specified his concern about giving companies immunity from civil claims for “knowingly host[ing] illegal child pornography” and “for race discrimination.”

“We should be certain that is what the law demands,” Thomas added, in a clear invitation to advocacy groups and religiously and politically motivated actors to bring forth cases to challenge Section 230 before the highest tribunal.

All-Hands-on-Deck Assault

The Supreme Court is currently down to eight members as it awaits confirmation of the late Justice Ruth Bader Ginsburg’s replacement. Senate confirmation hearings are currently taking place for the nomination of Judge Amy Coney Barrett for that seat, which was submitted by Donald Trump and is strongly supported by Senator Lindsey Graham (R-S.C.) and Attorney General William Barr, all of whom have demanded the repeal or drastic revision of Section 230.

According to an analysis by the Hollywood Reporter, Thomas has now come forward to join the current all-hands-on-deck assault on Section 230 by top Republicans and Republican-appointees in each branch of government in order to question “how courts are ‘reading extra immunity’ into Section 230, whether it's discarding ‘the longstanding distinction between 'publisher' liability and 'distributor' liability,’ ‘giving internet companies immunity for their own content’ and protecting online companies ‘from a broad array of traditional product-defect claims.'"

“Thomas ends with a suggestion — or maybe a call to action — that the high court may one day take a deeper look at the subject,” the Hollywood Reporter’s analysis concluded.

Thomas' concluding words carry a distinctly ominous tone. “Without the benefit of briefing on the merits, we need not decide today the correct interpretation of §230," he said. "But in an appropriate case, it behooves us to do so."

Clarence Thomas Section 230 Statement

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Launches New Traffic System

German creator platform MYM has launched a new traffic system for its members.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Eroutique Relaunches Site Through YourPaysitePartner

Eroutique has relaunched its official website through YourPaysitePartner (YPP).

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Pineapple Support, Pornhub to Host 'ADHD-Friendly' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers with ADHD.

Judge Dismisses Some Claims in 'Children of Pornhub' Trafficking Suit

A United States district judge on Friday dismissed some but not all claims against Aylo in a long-running case involving CSAM allegations featured in the influential 2020 New York Times article “The Children of Pornhub.”

FSC Sets Key Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) today announced key dates and qualifiers for its upcoming Board of Directors election.

Show More