SCOTUS to Take Up Section 230 Challenges

SCOTUS to Take Up Section 230 Challenges

WASHINGTON — The U.S. Supreme Court announced today that it will hear two cases that could lead to landmark decisions about Section 230 liability protection for online platforms.

The cases, Bloomberg reported today, mark “the court’s first test of the broad immunity social media companies have enjoyed under a provision known as Section 230, part of the 1996 Communications Decency Act.”

Digital rights advocates universally consider Section 230 to be a crucial bulwark against state and corporate censorship of controversial speech, including sexual expression and legal adult content.

Section 230 “has become a target of conservatives, including former President Donald Trump, who say it lets left-leaning tech companies censor right-wing voices,” the Bloomberg report continued.

As XBIZ has reported, the 1996 provision, once part of a Clinton-era censorship package aimed at sexual content online, is the only part of that legislation still in effect, and has shaped content moderation practices since the first expansion of the internet to consumers worldwide.

Two Cases Involving Social Media Platforms and Terrorist Attacks

The Supreme Court announced today that it will hear a case involving Google, which is being sued by the family of one of the victims of a 2015 terrorist attack in Paris. The family of Nohemi Gonzalez claims that Google’s YouTube service, “through its algorithms, violated the Anti-Terrorism Act by recommending the terrorist group’s videos to other users,” Bloomberg reported.

The plaintiffs are looking for SCOTUS to legitimize a carve-out of Section 230 protections concerning recommendation algorithms.

The lawyers for Gonzalez’s family have argued, “Whether Section 230 applies to these algorithm-generated recommendations is of enormous practical importance. Interactive computer services constantly direct such recommendations, in one form or another, at virtually every adult and child in the United States who uses social media.”

Google’s counsel warned against adopting a reading of section 230 “that would threaten the basic organizational decisions of the modern internet.”

The court will also hear a case against Twitter involving another terrorist attack, this one at an Istanbul nightclub in 2017, with the plaintiffs in that case also appealing to the Anti-Terrorism Act and seeking a Section 230 carve-out.

Justice Clarence Thomas has repeatedly asked for Congress to clarify the immunity provisions of Section 230, opining in March that “assuming Congress does not step in to clarify Section 230’s scope,” SCOTUS “should do so in an appropriate case.”

Copyright © 2024 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

Canadian Officials, Experts Lambast Anti-Porn Senator's Age Verification Bill

Canada's privacy commissioner warned a parliamentary committee on Tuesday that the expansive age verification bill promoted by vocally anti-porn and anti-sex work Senator Julie Miville-Dechênel has broad censorship implications and could end up applying to mainstream services such as Netflix.

FSC Director: New Tennessee Age Verification Law is 'Attack on 1st Amendment'

Free Speech Coalition (FSC) Executive Director Alison Boden called Tennessee’s version of the age verification bills being sponsored around the country by anti-porn activists, which was signed into law by Republican Governor Bill Lee on Tuesday, “an attack not only on the adult industry but on the First Amendment rights of millions of people who engage with adult content online.”

South Carolina Governor Links Age Verification Law, Trans Youth Care Ban

South Carolina’s Republican Governor Henry McMaster held a ceremony on Wednesday combining the signings of the state’s new age verification law for adult content and a controversial ban on gender affirming care for trans youth.

BBW VR Studio BEVR.io Rebrands As 'Blush Erotica VR'

Blush Erotica’s VR studio for BBW performers, BEVR.io, has officially rebranded as BlushEroticaVR.com.

XBIZ Amsterdam to Take Over Park Centraal Hotel Sept 3-5

XBIZ is pleased to announce the return of Europe’s biggest gathering of creators, studio stars and digital media pros: XBIZ Amsterdam, set to take place Sept. 3-5.

Judge in Performers' Blacklisting Lawsuit Says Meta Policy Sounds 'Nefarious'

A California federal judge, overseeing a lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, said during a hearing Wednesday that the tech giant’s lack of archiving of its “Dangerous Organizations and Individuals” (DOI) list sounded “nefarious.”

Blush, QueerCrush Partner for Pride Month

Blush has teamed up with QueerCrush to celebrate Pride Month.

SWR Data to Publish 'AI and Adult Industry' Report

Adult industry market research firm SWR Data is publishing a report on artificial intelligence on July 30.

LA Direct's Derek Hay Pleads Guilty in Conspiracy Case

LA Direct Models’ Derek Hay pleaded guilty Tuesday in Los Angeles to one charge of conspiracy to commit pandering and a charge of perjury, as part of a plea agreement with the California attorney general in a criminal case.

PassionPOV Launches Through YourPaysitePartner

PassionPOV.com has launched through YourPaysitePartner (YPP), joining its sister sites BJRaw.com and GotFilled.com.

Show More