Supreme Court Hears Oral Arguments on 2nd Content Moderation Case

Supreme Court Hears Oral Arguments on 2nd Content Moderation Case

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

Today’s oral arguments were on the case Twitter v. Taamneh, in which the platform is being sued by the family of Nawras Alassaf, a Jordanian citizen killed in a 2017 ISIS attack in Istanbul. The plaintiffs allege that Twitter contributed to the Istanbul attack “by hosting content unrelated to the specific incident,” CNN reported.

On Feb. 21 the court heard oral arguments in Gonzalez v. Google, which deals directly with a request to narrow Section 230 protections. By contrast, Twitter v. Taamneh concerns whether the anti-terrorism laws underlying both cases can even be applied to content moderation, before any Section 230 protections can be invoked.

According to CNN legal analysts, the Supreme Court during both hearings appeared “reluctant to hand down the kind of sweeping ruling about liability for terrorist content on social media that some feared would upend the internet.”

The court’s conservative justices, the CNN report noted, “appeared more open to Twitter’s arguments that it is not liable under the Anti-Terrorism Act, with Justice Amy Coney Barrett at one point theorizing point-by-point how such an opinion could be written and Justice Neil Gorsuch repeatedly offering Twitter what he believed to be a winning argument about how to read the statute.”

The court’s liberal members, however, “seemed uncomfortable with finding that Twitter should face no liability for hosting ISIS content. They pushed back on Twitter’s claims that the underlying law should only lead to liability if the help it gave to ISIS can be linked to the specific terrorist attack that ultimately harmed the plaintiffs.”

Parsing 'Knowingly' and 'Substantial Assistance' in the ATA

The Anti-Terrorism Act (ATA) states that liability can be established for “any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.”

Today’s hearing hinged on the interpretation of the words “knowingly” and “substantial,” with the justices making confusing analogies between online platforms like Twitter and unrelated, smaller-volume businesses and services such as banks.

“We’re used to thinking about banks as providing very important services to terrorists,” Justice Elena Kagan pointed out. “Maybe we’re not so used to, but it seems to be true, that various kinds of social media services also provide very important services to terrorists. If you know you’re providing a very important service to terrorists, why aren’t you [said to be] providing substantial assistance and doing it knowingly?”

Although, as XBIZ reported, the justices previously acknowledged their ignorance about technical aspects of the internet and also showed curiosity about three decades of debates regarding moderation, today’s hearing was characterized more by questionable analogies. Kagan’s theoretical scenario of superimposing the KYC protocols of financial institutions upon a service like Twitter, which handles a gargantuan volume of online accounts and content on a daily basis, was one such instance, and could portend a verdict adverse to the online platform.

However, legal observers also pointed out that Eric Schnapper, the attorney who argued on behalf of both the Alassaf family and the Gonzalez plaintiffs, yesterday “again struggled to answer justices’ questions as they sought to find some limiting principle to constrain the scope of the Anti-Terrorism Act,” CNN reported.

Justice Clarence Thomas warned, “If we’re not pinpointing cause-and-effect or proximate cause for specific things, and you’re focused on infrastructure or just the availability of these platforms, then it would seem that every terrorist attack that uses this platform would also mean that Twitter is an aider and abettor in those instances.”

Ambiguous Legal Considerations

Section 230 expert Jess Miers, legal advocacy counsel at Chamber of Progress, told XBIZ, “Today’s oral arguments foreshadow how internet litigation will look post-Gonzalez should the court fail to uphold the current Section 230 precedence.”

According to Miers, today’s hearing featured “ambiguous legal considerations, such as whether the defendant aided and abetted terrorism, which invite inconsistency with how the law is applied. This is the very issue that Section 230 was enacted to remedy.”

Rulings in both cases are expected sometime in the summer.

Copyright © 2025 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

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay today with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Esperanza Goméz in Meta Account Deactivation Battle

On Friday, Colombia’s Constitutional Court ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Show More