The Supreme Court is set to hear arguments in one of the two cases against Google, Gonzalez v Google. The tech industry envisages the case might bring the decades-old statute of free speech under the radar and alter the force of the crucial law that keeps the internet a free-flowing and open place.
Google prevailed in earlier courts by arguing that Section 230 of the Communications Decency Act shields it from responsibility for what users publish on its platform, but that defense is now reportedly in jeopardy.
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Without Section 230, certain websites would be compelled to overblock, screening out anything that would pose any legal risks, and might even completely stop offering some services.
The two cases, both brought forth by family members of victims of terrorist attacks, allege that social media firms are responsible for fueling violence with their algorithms. Gonzalez v Google asks the highest US court to fix whether the Google-owned video website YouTube should be held responsible for including terrorism videos by Islamic States seeking to recruit people, and doing so is a violation of the Anti-Terrorism Act. The second, Twitter v. Taamneh, targets not only Google but also Twitter and Facebook, with similar allegations.
The issue at hand is speculated as one that has been central to the development of big tech: whether businesses should be held liable for the content posted on their platforms. They have avoided liability so far, but some legislators, American and others, seek to change that. While lawmakers from both parties have pushed for changes to the 27-year-old law, some civil liberty organizations and tech companies have warned that changes to Section 230 could irreparably weaken free-speech protection online.
The statute is also being challenged for the first time by fresh litigation in the Supreme Court. Deputy director of the NYU Stern Center for Business and Human Rights, Paul Barrett, stated that everyone will be watching the results of the case closely as “the rules for free expression on the internet” were at stake.
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Combined, the cases might pose the most significant threat to the Communications Decency Act’s Section 230, which shields tech firms from being held accountable for content on their platforms. If YouTube is found to be accountable, all platforms, large and small, may be subject to legal action for user-generated content, analysts say.
On Wednesday, the Supreme Court will also hear Twitter v. Taamneh to decide whether Twitter could be held liable for failing to remove terrorist content from its platform.
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