Why it’s unlikely the Supreme Court decides to shake up Section 230
At the core of the issue is determining whether YouTube is a platform or a publisher.
The Supreme Court heard two and a half hours of often confusing, and at times frustrating, arguments on Tuesday in a case that could determine whether platforms are protected from liability for their recommendation tools. In Gonzalez v. Google, the court is considering whether Section 230 ought to protect tech platforms that recommend harmful user content. Part of the problem, it was plain to see, was that Section 230 simply wasn’t written to answer this sort of dilemma: The law is 30 years old, existing long before any social media platforms.
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