Supreme Court Weighs In On Social Media

A set of US Supreme Court cases could transform the legal landscape for social media companies by the end of the court’s term in late June, with potentially wide-reaching implications for political discourse and the 2024 elections.

The justices have already agreed to decide whether social media companies can be held liable for promoting harmful content posted by their users. Until now, the answer has been no, with federal appeals courts saying a provision known as Section 230 grants them sweeping immunity.

Enacted as part of the 1996 Telecommunications Act, Section 230 is widely credited with helping the internet flourish, giving platforms assurance that they wouldn’t be at risk of lawsuits for things their users post. But the provision is increasingly drawing criticism from both sides of the political aisle. Conservatives including former President Donald Trump complain Section 230 shields tech companies that censor right-wing voices, while many liberals say it lets platforms ignore hate speech and extremism.

The case before the court involves a suit against Alphabet Inc.’s Google by the family of Nohemi Gonzalez, a 23-year-old US citizen who was among 129 people killed in coordinated attacks by the Islamic State group in Paris in November  2015. Gonzalez’s family says Google’s YouTube service, through its algorithms, violated a federal anti-terrorism law by recommending IS videos to other users.