For the first time since Section 230 was passed a quarter-century ago, the Supreme Court is hearing two cases that could decide the law’s future. Both cases revolve around social media platforms’ role in facilitating access to terrorism content. The first asks whether companies are responsible for the suggestions of their recommendation algorithms, while the second asks whether companies are liable when they fail to adequately remove terrorism content. Given the high court’s interest in lending further clarity to Section 230 and the justices’ remarks during oral arguments suggesting concern over the disruption that major changes could cause, perhaps a solution of enforced transparency could offer a legal middle ground.
By Focusing On Transparency, SCOTUS Could Leave Section 230 Intact
