Tech Takeaways: SCOTUS Weighs In On Pivotal Tech Cases

The Supreme Court heard oral argument last week in cases that will have extensive implications for online platforms, and, more broadly, for internet speech across the board. Gonzalez v. Google, in particular, may result in a first-of-its-kind clarification of the scope of 47 U.S.C. § 230.

Section 230 protects online platforms by, first, stating that they shall not be "treated as the publisher or speaker" of any content posted by third parties, and second, clarifying that this immunity also applies when online platforms moderate and remove content. The question presented in Gonzalez v. Google was whether online platforms can assert 47 U.S.C. § 230 immunity against claims brought under the Antiterrorism Act alleging content curation algorithms facilitate terrorist acts. A second, related case not directly implicating § 230, Twitter v. Taamneh, was also heard this week, and could have similar implications — it similarly deals with whether platforms can be held liable