SCOTUS to Look at 2 Cases on Social Media Liability

The Supreme Court will consider two appeals of appellate court decisions on social media companies' legal protections when their platforms are used in conjunction with terror attacks. On Monday, SCOTUS granted certiorari in docket 21-1333 in an appeal of a 9th U.S. Circuit Court of Appeals decision tossing out a suit against Google's YouTube for hosting and recommending ISIS proselytizing and recruitment videos. Plaintiff in the litigation and SCOTUS petitioner is the estate of Nohemi Gonzalez, a U.S. citizen who was killed in ISIS attacks there in 2015. The petitioner asked SCOTUS to revisit the 9th Circuit's holding that the Communications Decency Act's Section 230 protects YouTube's algorithm for recommending videos. Google didn't comment. The court also granted cert Monday in docket 21-1496, in which Twitter is appealing another 9th Circuit decision. In that decision, the appellate court found Twitter and co-defendants Facebook and Google could be held liable for aiding and abetting an act of terrorism. Twitter and the others were sued by American relatives of Nawras Alassaf, a Jordanian killed in an ISIS attack in Istanbul in 2017. “These cases underscore how important it is that digital services have the resources and the legal certainty to deal with dangerous content online," Computer and Communications Industry Association President Matt Schruers said in a statement. “Section 230 is critical to enabling the digital sector’s efforts to respond to extremist and violent rhetoric online, and these cases illustrate why it is essential that those efforts continue.” SCOTUS "can really do something useful by constraining Section 230 protections to hosting content instead of targeting content," tweeted Matt Stoller, American Economic Liberties Project research director.