Supreme Court Hears Oral Arguments on 2nd Content Moderation Case

Supreme Court Hears Oral Arguments on 2nd Content Moderation Case

WASHINGTON —  The U.S. Supreme Court today heard oral arguments on the second of two important cases concerning online speech, content moderation and Section 230 protections.

Today’s oral arguments were on the case Twitter v. Taamneh, in which the platform is being sued by the family of Nawras Alassaf, a Jordanian citizen killed in a 2017 ISIS attack in Istanbul. The plaintiffs allege that Twitter contributed to the Istanbul attack “by hosting content unrelated to the specific incident,” CNN reported.

On Feb. 21 the court heard oral arguments in Gonzalez v. Google, which deals directly with a request to narrow Section 230 protections. By contrast, Twitter v. Taamneh concerns whether the anti-terrorism laws underlying both cases can even be applied to content moderation, before any Section 230 protections can be invoked.

According to CNN legal analysts, the Supreme Court during both hearings appeared “reluctant to hand down the kind of sweeping ruling about liability for terrorist content on social media that some feared would upend the internet.”

The court’s conservative justices, the CNN report noted, “appeared more open to Twitter’s arguments that it is not liable under the Anti-Terrorism Act, with Justice Amy Coney Barrett at one point theorizing point-by-point how such an opinion could be written and Justice Neil Gorsuch repeatedly offering Twitter what he believed to be a winning argument about how to read the statute.”

The court’s liberal members, however, “seemed uncomfortable with finding that Twitter should face no liability for hosting ISIS content. They pushed back on Twitter’s claims that the underlying law should only lead to liability if the help it gave to ISIS can be linked to the specific terrorist attack that ultimately harmed the plaintiffs.”

Parsing 'Knowingly' and 'Substantial Assistance' in the ATA

The Anti-Terrorism Act (ATA) states that liability can be established for “any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.”

Today’s hearing hinged on the interpretation of the words “knowingly” and “substantial,” with the justices making confusing analogies between online platforms like Twitter and unrelated, smaller-volume businesses and services such as banks.

“We’re used to thinking about banks as providing very important services to terrorists,” Justice Elena Kagan pointed out. “Maybe we’re not so used to, but it seems to be true, that various kinds of social media services also provide very important services to terrorists. If you know you’re providing a very important service to terrorists, why aren’t you [said to be] providing substantial assistance and doing it knowingly?”

Although, as XBIZ reported, the justices previously acknowledged their ignorance about technical aspects of the internet and also showed curiosity about three decades of debates regarding moderation, today’s hearing was characterized more by questionable analogies. Kagan’s theoretical scenario of superimposing the KYC protocols of financial institutions upon a service like Twitter, which handles a gargantuan volume of online accounts and content on a daily basis, was one such instance, and could portend a verdict adverse to the online platform.

However, legal observers also pointed out that Eric Schnapper, the attorney who argued on behalf of both the Alassaf family and the Gonzalez plaintiffs, yesterday “again struggled to answer justices’ questions as they sought to find some limiting principle to constrain the scope of the Anti-Terrorism Act,” CNN reported.

Justice Clarence Thomas warned, “If we’re not pinpointing cause-and-effect or proximate cause for specific things, and you’re focused on infrastructure or just the availability of these platforms, then it would seem that every terrorist attack that uses this platform would also mean that Twitter is an aider and abettor in those instances.”

Ambiguous Legal Considerations

Section 230 expert Jess Miers, legal advocacy counsel at Chamber of Progress, told XBIZ, “Today’s oral arguments foreshadow how internet litigation will look post-Gonzalez should the court fail to uphold the current Section 230 precedence.”

According to Miers, today’s hearing featured “ambiguous legal considerations, such as whether the defendant aided and abetted terrorism, which invite inconsistency with how the law is applied. This is the very issue that Section 230 was enacted to remedy.”

Rulings in both cases are expected sometime in the summer.

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

2024 XBIZ Europa Awards Categories Announced, Pre-Noms Now Open

XBIZ is pleased to announce the categories for the 2024 XBIZ Europa Awards, the capstone event of XBIZ Amsterdam.

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 vocal 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 new age verification bill, 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.

Show More