Supreme Court Hears Arguments on Potentially Pivotal Section 230 Case

Supreme Court Hears Arguments on Potentially Pivotal Section 230 Case

WASHINGTON — The U.S. Supreme Court today heard oral arguments on the first of two important cases concerning online speech, content moderation and Section 230 protections.

Today’s oral arguments concerned the case Gonzalez v. Google, in which the internet giant is being sued by the family of one of the victims of a 2015 terrorist attack in Paris. The family of Nohemi Gonzalez claims that Google’s YouTube service violated the Anti-Terrorism Act by recommending ISIS videos to users through its algorithms.

As XBIZ reported, the plaintiffs are looking for SCOTUS to legitimize a carve-out of Section 230 protections regarding recommendation algorithms.

The lawyers for Gonzalez’s family have previously argued, “Whether Section 230 applies to these algorithm-generated recommendations is of enormous practical importance. Interactive computer services constantly direct such recommendations, in one form or another, at virtually every adult and child in the United States who uses social media.”

Google’s counsel warned in a previous brief against adopting a reading of section 230 “that would threaten the basic organizational decisions of the modern internet.”

Section 230 observers are watching the current hearings very closely, especially because Justice Clarence Thomas has repeatedly asked for Congress to clarify the immunity provisions of Section 230.

In a March 2020 opinion, Thomas asserted that if Congress fails to clarify Section 230’s scope, then SCOTUS “should do so in an appropriate case.”

Several Justices Appeared 'Concerned' Across Ideological Lines

According to CNN legal analysts, the Supreme Court justices appeared “broadly concerned about the potential unintended consequences of allowing websites to be sued for their automatic recommendations of user content.”

During the nearly three-hour-long hearing, all nine justices questioned attorneys for both parties about “how the court could design a ruling that exposes harmful content recommendations to liability while still protecting innocuous ones,” CNN reported.

The attorney for the Gonzalez family argued in favor of narrowing Section 230 protections, claiming that this “would not lead to sweeping consequences for the internet,” the report continued.

Some of the justices, however, expressed concern that if the court ruled against Google, a wave of lawsuits could lead to a major disruption of the entire internet. 

“Lawsuits will be nonstop,” Justice Brett Kavanaugh said at one point. 

Attorney Eric Schnapper, representing the plaintiffs, argued that “most suits would likely be thrown out anyway,” CNN reported.

Even so, Justice Elena Kagan warned, “You are creating a world of lawsuits. Really, anytime you have content, you also have these presentational and prioritization choices that can be subject to suit.”  

Narrowing Section 230 in the name of a few terrorism-related cases, Chief Justice John Roberts said, would unleash an untold number of future lawsuits against websites “alleging antitrust violations, discrimination, defamation and infliction of emotional distress, just to name a few,” the report noted.

Anti-porn crusaders like NCOSE and Laila Mickelwait have long argued for a radical narrowing of Section 230 protection for websites with sexual content, in order to allow precisely the onslaught of lawsuits that both conservative and liberal justices warned about today.

Kagan elicited laughs when she admitted, “We’re a court. We really don’t know about these sorts of things. These are not, like, the nine greatest experts on the internet.”

If Congress wants a more narrow set of protections, she asked, “Isn't that something for Congress to do? Not the Court?”

Section 230 Expert 'Cautiously Optimistic' About First Hearing

Section 230 expert Jess Miers, legal advocacy counsel at Chamber of Progress, told XBIZ she is “cautiously optimistic about today's arguments. It was clear that the justices appreciate how important it is to get this right.”

The court, Miers added, “seemed to appreciate that algorithms and content moderation are essential to the way the internet functions today and that attempts to create imprecise legal and technological distinctions could have irreparable effects on the modern web.”

Still, Miers remains concerned that the court will “inadvertently undermine Section 230 through various line-drawing exercises — such as limiting the scope of the immunity to ‘neutral tools.’ Any such line-drawing will effectively negate the immunity's value for internet services and its users.”

Tomorrow the Supreme Court will hear Twitter v. Taamneh, a case that addresses whether the anti-terrorism laws underlying both cases can even be applied to content moderation, even before any Section 230 protections can be invoked.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

Show More