Supreme Court Sides With Google, Twitter in Section 230 Cases

The U.S. Supreme Court on Thursday declined to address the application of Section 230 in two terrorist-related cases, saying lawsuits against Google and Twitter failed to state “plausible” claims. Tech groups lauded victories in Gonzalez v. Google (21-1333) and Twitter v. Taamneh (21-1496) (see 2304040064). In an unsigned opinion, the high court found that “much (if not all)” of the Gonzalez complaint “seems to fail under either our decision in Twitter or the Ninth Circuit’s unchallenged holdings below.” The court found Twitter didn’t aid and abet the terror attack at issue in Taamneh. In Gonzalez, the court declined to “address the application of §230 to a complaint that appears to state little, if any, plausible claim for relief. Instead, we vacate the judgment below and remand the case for the Ninth Circuit to consider plaintiffs’ complaint in light of our decision in Twitter.”

“Countless companies, scholars, content creators and civil society organizations who joined with us in this case will be reassured by this result,” said Google General Counsel Halimah DeLaine Prado. “We'll continue our work to safeguard free expression online, combat harmful content, and support businesses and creators who benefit from the internet.”

“The Court correctly recognized the narrow posture of these cases and declined to rewrite a key tenet of U.S. Internet law, preserving free expression online and a thriving digital economy,” said Computer & Communications Industry Association President Matt Schruers. Content moderation is an “imperfect but vital tool in keeping users safe and the internet functioning,” said NetChoice Litigation Center Director Chris Marchese. “The Supreme Court’s decisions protect free speech online by maintaining Section 230.” Weakening Section 230 isn’t the proper approach to addressing dominant platforms’ role in internet users’ lives, said Public Knowledge Legal Director John Bergmayer.