“The Supreme Court will hear oral arguments in the first of two cases regarding a little-known law that shields platforms like Google, Twitter and YouTube from lawsuits over third-party content posted on their sites. The final outcome of the case could have far-reaching repercussions for online speech and content moderation.”
“This week, the Supreme Court is set to hear oral arguments on two pivotal cases dealing with online speech and content moderation. Central to the arguments is “Section 230,” a federal law that’s been roundly criticized by both Republicans and Democrats for different reasons but that tech companies and digital rights groups have defended as vital to a functioning internet.”
“If that happens, the Court’s decisions could expose online platforms to an array of new lawsuits over how they present content to users.”
“One of the law’s architects, Oregon Democratic Sen. Ron Wyden, has said that without Section 230, “all online media would face an onslaught of bad-faith lawsuits and pressure campaigns from the powerful” seeking to silence them.”
“The free and open internet as we know it couldn’t exist without Section 230,” the Electronic Frontier Foundation, a digital rights group, has written. “Important court rulings on Section 230 have held that users and services cannot be sued for forwarding email, hosting online reviews, or sharing photos or videos that others find objectionable. It also helps to quickly resolve lawsuits cases that have no legal basis.”
“For years, much of the criticism of Section 230 has come from conservatives who say that the law lets social media platforms suppress right-leaning views for political reasons.”
“By safeguarding platforms’ freedom to moderate content as they see fit, Section 230 does shield websites from lawsuits that might arise from that type of viewpoint-based content moderation, though social media companies have said they do not make content decisions based on ideology but rather on violations of their policies.”
“The Trump administration tried to turn some of those criticisms into concrete policy that would have had significant consequences, if it had succeeded. For example, in 2020, the Justice Department released a legislative proposal for changes to Section 230 that would create an eligibility test for websites seeking the law’s protections. That same year, the White House issued an executive order calling on the Federal Communications Commission to interpret Section 230 in a more narrow way.”
“The social media platform Reddit has argued in a Supreme Court brief that if Section 230 is narrowed so that its protections do not cover a site’s recommendations of content a user might enjoy, that would “dramatically expand Internet users’ potential to be sued for their online interactions.”
“‘Recommendations’ are the very thing that make Reddit a vibrant place,” wrote the company and several volunteer Reddit moderators. “It is users who upvote and downvote content, and thereby determine which posts gain prominence and which fade into obscurity.”
“People would stop using Reddit, and moderators would stop volunteering, the brief argued, under a legal regime that “carries a serious risk of being sued for ‘recommending’ a defamatory or otherwise tortious post that was created by someone else.”
“While this week’s oral arguments won’t be the end of the debate over Section 230, the outcome of the cases could lead to hugely significant changes the internet has never before seen — for better or for worse.”