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During Feb. 21 oral arguments in Gonzalez v. Google, Supreme Court Justice Elena Kagan asked whether Congress should resolve tech companies’ liability concerns. (Video: Supremecourt.gov)

Supreme Court considers if Google is liable for recommending ISIS videos

2 min
The Supreme Court on Tuesday heard oral arguments in Gonzalez v. Google, a lawsuit that could shift the foundations of internet law. It argues tech companies should be legally liable for harmful content their algorithms promote  
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During oral arguments that stretched on for more than two-and-a-half hours, the justices at times expressed confusion about the plaintiffs’ case and concern about potentially exposing companies to a deluge of lawsuits over how they handle user content. But the justices also dug into whether there should be any legal distinction between hosting and amplifying user content when it comes to assessing liability, and whether the dispute would best be left to Congress.
Courts generally have found that Section 230 shields tech giants from culpability over the posts, photos and videos that people share on their services. Those pushing for a change warn that when Section 230 was written, the contours of today’s online marketplace of ideas were not yet clear.
The Gonzalez lawsuit is one of several landmark tech cases pending before the Supreme Court, offering the justices an opportunity to definitively address whether and how internet regulation should be changed.
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During oral arguments that stretched on for more than two-and-a-half hours, the justices at times expressed confusion about the plaintiffs’ case and concern about potentially exposing companies to a deluge of lawsuits over how they handle user content. But the justices also dug into whether there should be any legal distinction between hosting and amplifying user content when it comes to assessing liability, and whether the dispute would best be left to Congress.
Courts generally have found that Section 230 shields tech giants from culpability over the posts, photos and videos that people share on their services. Those pushing for a change warn that when Section 230 was written, the contours of today’s online marketplace of ideas were not yet clear.
The Gonzalez lawsuit is one of several landmark tech cases pending before the Supreme Court, offering the justices an opportunity to definitively address whether and how internet regulation should be changed.
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