Wednesday, October 14, 2020
Yesterday Justice Thomas signaled he would like the Supreme Court to take up the issue of the immunity provided by Section 230 (of the Communications Decency Act of 1996). That section exempts websites from civil liability for most of the content provided by third parties. Many argue that the scope of the exemption has been expanded beyond the text of the statute by lower court decisions. The Supreme Court declined to hear an appeal on Section 230 from a Ninth Circuit decision, and Justice Thomas used that occasion to remark that in an appropriate case the Court "should consider whether the text of this increasingly important statute aligns with the current state of immunity enjoyed by Internet platforms." Multichannel News has the story.