FOSI Briefs the Hill: SCOTUS Tackles Section 230

On February 21 and 22, the Supreme Court heard two cases that have the power to drastically change some of the apps and platforms we use every day. In Gonzalez v. Google and Twitter v. Taamneh, the Justices examined whether or not online platforms can be held liable for decisions made by algorithms and content recommendation systems that are core to the function of their products. Section 230 of the Communications Decency Act of 1996 has provided relative immunity to platforms for decades, saying that online platforms cannot be held liable for content that users write or post on their sites and apps. These two cases will test how far Section 230 protections extend and if justices will differentiate between users’ online posts and platform design features that amplify or minimize the spread of content.