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Chronicles

The story behind the story

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A look at SCOTUS' rulings on Gonzalez v. Google and Twitter v. Taamneh and why explanations given for Section 230's existence could bode well for the Internet

Our long national wait for how the Supreme Court would rule regarding Section 230 is over, and the answer is... we need to keep waiting.

Techdirt Mike Masnick

Discussion

  • Vox Ian Millhiser on x
    The Supreme Court decides not to break the internet
  • @lauren@mastodon.laurenweinstein.org Lauren Weinstein on mastodon
    In rare good news, Supreme Court rules for Twitter/Google in content cases involving terrorism.  —  There are two related actions.  One is a unanimous decision for #Twitter that it was not responsible for terrorist content. …
  • @viacristiano Cristiano Lima on x
    🚨 BREAKING: Supreme Court in unanimous decision punts on Section 230 debate in Gonzalez v. Google, writing that the underlying complaint appeared “to state little, if any, plausible claim for relief” https://www.supremecourt.gov/ ...
  • @ronwyden Ron Wyden on x
    This is good news. Despite being unfairly scapegoated for everything wrong with the internet, Section 230 remains vitally important to protecting online speech. My focus remains helping end abusive practices by tech companies while protecting freedom of information online. https:…
  • @viacristiano Cristiano Lima on x
    In the related Twitter v. Taamneh, SCOTUS reserves 9th Circuit ruling, finding that “plaintiffs have failed to allege” tech platforms “intentionally provided any substantial aid” to acts of terrorism https://www.supremecourt.gov/ ...
  • @congressmanraja Congressman Raja Krishnamoorthi on x
    Today's Supreme Court ruling does not change the fact that companies like Twitter & Google must do more to stop the spread of misinformation and hate on their platforms. https://www.washingtonpost.com/ ...
  • @jess_miers @jess_miers on x
    I have to say, it was surprising to see such a clean win authored by Justice Thomas no less. I think many of us assumed he would have been eager to undermine existing precedence around 1A and even 230 as applied to online publishers. That's not at all what occurred here.
  • @daphnehk Daphne Keller on x
    Gonzalez and Taamneh were *extremely weak* cases for the plaintiffs. They do not demonstrate that platform immunities are limitless. They demonstrate that these cases fell within some pretty obvious, common sense limits.
  • @jess_miers @jess_miers on x
    Alright, now that I've had more than a minute to think about all of this, some additional thoughts: This was the *best case scenario* for these cases today. The Taamneh opinion only reinforces the status quo (a major win for websites AND users). #SCOTUS https://twitter.com/...
  • @amyklobuchar Amy Klobuchar on x
    Is this a sign Congress has to act or what? These are trillion dollar media companies that are protected from liability for practically anything they amplify for profit Supreme Court hands tech companies a win, and not just about Sec. 230 https://www.washingtonpost.com/ ...
  • @willoremus Will Oremus on x
    So much of the debate around social media has focused on Section 230 as the obstacle to holding platforms accountable. Today's SCOTUS decision showed it's going to be hard to sue tech companies for harmful content even *without* 230. My quick analysis: https://www.washingtonpost.…
  • @jess_miers Jess Miers on x
    Hello and welcome to my live reading of the recent SCOTUS #Section230 cases. Since Gonzalez was rightfully vacated, this thread will focus on the Twitter v. Taamneh opinion. Let's dig in: Gonzalez: https://www.supremecourt.gov/ ... Taamneh: https://www.supremecourt.gov/ ... https…
  • @daphnehk Daphne Keller on x
    Taamneh: Resounding victory for platforms. Thomas opinion for 8 Justices, concurrence by Jackson. https://www.supremecourt.gov/ ...
  • @binarybits Timothy B. Lee on x
    Good thread on the significance of today's Supreme Court decision not say anything about Section 230. https://twitter.com/...
  • @evelyndouek Evelyn Douek on x
    Thomas repeats again & again throughout Taamneh how little screening platforms do of content when it's uploaded. This is helpful to platforms here, but is also a clear easter egg for the Netchoice cases and what Thomas thinks of whether they exercise “editorial discretion”
  • @b_fung Brian Fung on x
    Our story on today's Supreme Court rulings backing tech immunity. Thomas: “Bad actors like ISIS are able to use platforms...for illegal - and sometimes terrible - ends. But the same could be said of cell phones, email, or the internet generally.” https://www.cnn.com/...
  • @superwuster Tim Wu on x
    The legal equivalent of “too big to fail” is “too complicated and messy to rule on (unless necessary)” — hence the Supreme Court punting on Section 230. https://www.supremecourt.gov/ ...
  • @adamkovac Adam Kovacevich on x
    If you watched the oral argument, you would have wondered why SCOTUS took Gonzalez to begin with. I think Alito and Thomas *thought* it was a case about the core of 230, but it's not. And oral arguments showed the Court's wariness to re-open 230 itself.
  • @adamkovac Adam Kovacevich on x
    Section 230 was ready for its SCOTUS Close Up https://twitter.com/... [image]
  • @schneidercnn Jessica Schneider on x
    Big win for tech companies today — the Supreme Court shielding Twitter from liability for terror-related content and leaving Section 230, which broadly shields internet company from liability for content posted on their sites, untouched. https://www.cnn.com/...
  • @paul_taske Paul Taske on x
    “This is a huge win for free speech on the internet,” said NetChoice Litigation Center Director @ChrisMarchese9. “The Court was asked to undermine Section 230—and declined.” Read the @NetChoice statement here: https://netchoice.org/... https://twitter.com/...
  • @cathygellis Cathy Gellis on x
    SCOTUS scoreboard for today: Section 230 survived. Fair use, not so much.
  • @netchoice @netchoice on x
    @ChrisMarchese9 “With billions of pieces of content added to the internet every day, content moderation is an imperfect—but vital—tool in keeping users safe and the internet functioning. The Supreme Court's decisions protect free speech online by maintaining Section 230.”
  • @adamkovac Adam Kovacevich on x
    I consider this a huge win for Section 230 and the Internet as a whole. There was always a risk with this case that SCOTUS would use Gonzalez for a broader reexamination of 230, and they pretty explicitly rejected that.
  • @kristaachavez Krista Chavez on x
    “This is a huge win for free speech on the internet...he Supreme Court's decisions protect free speech online by maintaining Section 230.” —NetChoice Litigation Center Director @ChrisMarchese9 https://twitter.com/...
  • @billmcgev William McGeveran on x
    SCOTUS ducked any ruling on Section 230 intermediary immunity because of the unusual facts of the case they took. The lower courts and Congress can pick up right where they left off in debating the issues.
  • @mjs_dc Mark Joseph Stern on x
    Oh my! Supreme Court's fourth decision of the day is in Twitter v. Taamneh. Thomas' unanimous opinion holds that the plaintiffs failed to state a claim that the social media companies aided and abetted terrorists. https://s3.documentcloud.org/ ...
  • @anupamchander Anupam Chander on x
    Supreme Court decides that there is no reason to decide Gonzalez Section 230 legal issue because it decided in companion Taamneh case that there was no liability in any case under terrorism law. https://twitter.com/...
  • @ma_franks Dr. Mary Anne Franks on x
    One key takeaway from #SCOTUS's decisions today in Twitter v. Taamneh and Gonzalez v. Google is that these kinds of cases can and should be decided on the merits - not dispensed with based on inflated interpretations of #Section230 immunity. @CCRInitiative
  • @jkosseff Jeff Kosseff on x
    Between her statements at oral argument and her concurrence in Taamneh, it sounds like Justice Jackson would very much like to revisit the lower courts' interpretation of 230.
  • @imillhiser Ian Millhiser on x
    Ok, we just got the first big opinion of the day from SCOTUS. Twitter v. Taamneh. It is unanimous by Thomas. Twitter is not liable because ISIS used Twitter to spread its terroristic message. https://www.supremecourt.gov/ ...
  • @mjs_dc Mark Joseph Stern on x
    Well, the Supreme Court disposed of Twitter v. Taamneh in a commendably narrow way, applying basic principles of “aiding and abetting” liability to toss out these lawsuits, without making much (any?) new law. I'm for it. https://www.supremecourt.gov/ ... [image]
  • @klonick Kate Klonick on x
    Taamneh v. Twitter, Gonzalez's companion case, was NOT about Section 230, but was about social media companies aiding & abetting terrorist orgs under the Antiterrorism Act Taamneh had a lengthier UNANIMOUS J. Thomas authored opinion where Twitter “wins” [link to SCOTUS Syllabus T…
  • @klonick Kate Klonick on x
    Great news for the future of the internet: the Supreme Court gets about as hands off as it can possibly get on Section 230 in a 2.5 page per curium decision in Gonzalez v. Google. Opinion here: https://www.supremecourt.gov/ ... 1/ [image]
  • @nycjim Jim Roberts on x
    Very big: Supreme Court ruling continues to protect Google, Facebook and Twitter from what users post. https://www.cnbc.com/...
  • @chrisgeidner Chris Geidner on x
    Breaking: In a unanimous opinion, the Supreme Court rules that claims against social-media companies alleging that they were “aiding and abetting” terrorism on their sites fail. The case is Twitter v. Taamneh. Thomas has the opinion for the court. https://www.supremecourt.gov/ ..…
  • @juliettekayyem Juliette Kayyem on x
    By deciding not to decide, the Court leaves in place rules regarding a media platform's responsibilities when it hosts terror groups content. And those rules, ancient in many ways, institutionalize the Wild West. @cnn https://www.cnn.com/...
  • @scottlincicome Scott Lincicome on x
    230 LIVES: “Supreme Court Leaves Intact Social Media Liability Shield in Win for Google, Twitter” https://www.bloomberg.com/...
  • @chrisgeidner Chris Geidner on x
    In an unsigned, per curiam opinion, #SCOTUS vacates the lower court's decision in Gonzalez v. Google, saying, essentially, there's not much case left in light of the decision in Twitter. So, no Section 230 ruling. Here's the opinion: https://www.supremecourt.gov/ ...
  • @b_fung Brian Fung on x
    Big win for internet platforms today from the Supreme Court, which just handed Twitter and Google victories in their respective cases on platform liability. GONZALEZ: https://www.supremecourt.gov/ ... TAAMNEH: https://www.supremecourt.gov/ ...