Supreme Court Leaves 230 Alone For Now, But Justice Thomas Gives A Pretty Good Explanation For Why It Exists In The First Place

05/19 19:40

The Supreme Court has punted on the issue of Section 230, but Justice Clarence Thomas's ruling in Taamneh provides a good explanation for why it exists. The ruling explains that secondary liability should only apply to those who actively and knowingly participated in violative activity, rather than innocent third parties. Thomas also notes that algorithms designed to provide outputs based on inputs are not culpable, as they do not deliberately produce violative content. The court makes it clear that failure to act cannot trigger liability and there must be an independent duty in tort requiring defendants to remove illicit content before any claim can be made against them. Overall, the ruling suggests that Section 230 is safe for now and reinforces its purpose of avoiding applying secondary liability to third parties who aren't actively engaged in knowingly trying to help someone violate the law.

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