Supreme Court sounds wary of weakening Section 230 to allow lawsuits against internet giants
Several Supreme Court justices said Tuesday they were wary of allowing lawsuits against social-media firms over algorithms that they use to direct users to related content — even if that encourages terrorists or promotes illegal conduct.
The justices had agreed for the first time to hear a challenge to Section 230, the federal law that shields websites from being sued over content posted by others. That set off alarms at Big Tech firms.
But during Tuesday’s arguments, Justices Elena Kagan and Brett M. Kavanaugh said Congress, not the court, should decide whether to change the law.
“These are not the nine greatest experts on the internet,” Kagan said to laughter, referring to the nine justices.
She said it was very difficult to draw a line between ordinary algorithms that tell users they might be interested in similar videos and those involving illegal content that would justify a lawsuit.
Isn’t drawing that line “something for Congress, not the court?” she asked.
Kavanaugh said some feared it “would crash the digital economy” if websites were subject to all manner of lawsuits.
Chief Justice John G. Roberts Jr. sald he too was wary of opening the door to lawsuits. While the case before the court concerned terrorism, he said it could lead to a wave of lawsuits based on personal or business complaints.
Other justices admitted they were confused and uncertain about the arguments before them.
It did not sound as if a majority were ready to rule for the California parents suing Google and its YouTube subsidiary over the death of their daughter in a 2015 terrorist attack in
Paris.
The case, Gonzalez v. Google, asked whether YouTube could be held liable for using computerized programs that “recommended” Islamic State (ISIS) videos to potential recruits.
A federal judge and the 9th Circuit Court of Appeals threw out that claim on the grounds that Section 230
shielded online sites from being sued over content posted by others.
A lawyer for the family of Nohemi Gonzalez argued Tuesday that Google should be subject to a lawsuit because of its own actions. It was “encouraging people to look at ISIS videos,” said Eric Schnapper, a University of Washington law professor.