As part of our annual look forward at key trends, we said Section 230 — which allows social media sites to conduct content moderation while shielding them from legal liability for user-generated content — is unlikely to survive 2023. We cited upcoming Supreme Court cases and Congressional oversight.
You can check out what CNN says: “Section 230 on Trial” from Feb. 21.
Interesting, CNN quoted two justices from across the aisle who are concerned that Section 230 may not survive:
- Justice Brett Kavanaugh: “Lawsuits will be nonstop.”
- Justice Elena Kagan: “You are creating a world of lawsuits.”
Which doesn’t mean that Section 230’s future is safe.
It doesn’t even mean that we think Section 230 is an ideal solution. But we do think gutting it is like opening Pandora’s Box.
Since you’re reading this, you might be interested in the Washington Post’s takeaways from the current SCOTUS hearings.