SCOTUS Is Hearing Arguments Against Section 230. Everyone Else Is Hearing How Unprepared The Plaintiffs Are

You ever come across the thumbnail of a recommended video and ask yourself why and how something like that could even be on the platform? Well, the internet's liability ward -- Section 230 of the Communications Decency Act, is in the hotseat. Oral arguments that will determine the fate of the protections started today; the outcome will impact major content hosting sites like YouTube, Twitch, and Google.

The U.S. Supreme Court on Tuesday began hearing arguments in a major case that could weaken a legal shield that protects internet companies from a wide array of lawsuits in a dispute involving YouTube and the family of an American student fatally shot in a 2015 rampage by Islamist militants in Paris.

The justices were considering an appeal by the family of Nohemi Gonzalez, a 23-year-old student at California State University, Long Beach who was studying in France, of a lower court's dismissal of a lawsuit against Google LLC-owned YouTube. Google and YouTube are part of Alphabet Inc.

Put simply, it's a high profile case and a bunch of people are giving their thoughts on the matter. Not all of them are flattering.

the fact that both justice thomas & justice alito sound skeptical of petitioner's theory for narrowing section 230 is ... a pretty bad sign for the efforts to narrow section 230.

-- Leah Litman (@LeahLitman) February 21, 2023

Just came out of the section 230 Gonzalez v. Google argument. Don't think I've seen party's lawyers do more damage to their own cases in a long time --

-- Tim Wu (@superwuster) February 21, 2023

Someone should have taken the time to behoove counsel to maybe be a little bit more familiar with the subject material before heading to the Highest Court:

Jesus Christ this lawyer trying to dismantle section 230 thinks the thumbnails in YouTube videos are created by YouTube and not the users lmao

-- Back From the Dead Fed????? ?? (@fedtanyl) February 21, 2023

Day 1 or not, you should keep your ear to the ground for developments as time passes. The ruling could have unforeseen consequences for your late night doom scrolling:

"This may be one of the most consequential cases in the last 20 years on internet governance, both for good and bad," said Hany Farid, UC Berkeley professor & @FightExtremism Senior Advisor of Gonzalez v. Google case on #Section230 before #SCOTUS https://t.co/6vEtfxtQHo

-- CEP (@FightExtremism) February 21, 2023

We will be sure to keep you updated as the story develops. Hopefully the lawyers will be a little more prepared on Day 2.

U.S. Supreme Court Begins Hearing Challenge To Internet Firms' Legal Shield [Reuters]

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord(TM) in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.