Top Highlights

• By contrast, Gonzalez and the government characterized Section 230 as a narrow intervention in defamation law and argued for a narrow construction of the provision that focused on the nature of publisher liability under common law: the transmission of a communication whose content is defamatory (or otherwise tortious). On this reading, Section 230 ...
• But the reason this argument should not have been decisive in Zeran is also why it should not be decisive here. If algorithms really are necessary for platforms to avoid becoming cesspools of offensive content, platforms will continue to use them no matter the litigation risk, at least to the extent necessary to maintain users and preserve advertis...
• As noted above, this will likely lead to some smaller platforms leaving the market entirely. But it is unlikely that Facebook or X (formerly Twitter) would choose to shut down rather than invest the necessary resources in content moderation. The question is whether, under a liability regime that permits platforms to be sued for the harms caused by ...

Domain