Social Media on Trial: How the Supreme Court Could Permanently Alter the Future of the Internet by Limiting Section 230's Broad Immunity Shield

Authors

J. Tyler Wampler

Document Type

Article

Abstract

Section 230 of the Communications Decency Act has allowed the internet to develop and flourish at an unprecedent pace. The law has been interpreted broadly to grant immunity to interactive computer services like social media platforms from liability for content posted by users. Wielding this immunity, internet platforms are empowered to act innovatively without fear of frivolous lawsuits. However, there are ongoing concerns that this broad interpretation shields modern tech companies from liability for actions that were never intended to be protected.

Two companion cases interpreting Section 230 are currently before the U.S. Supreme Court, where the Court is being asked to decide if social media sites are immunized for liability resulting from the content that their algorithms recommend to users. These will be the first cases in which the Supreme Court will interpret Section 230 at all. The outcome could have drastic consequences for the future of the internet and social media, including stifling free speech and expression. Due to the numerous concerns about shielding tech companies from liability and rapidly advancing AI technology, these cases will not put the issue to rest. Congress must act with haste to step in and clarify the scope of Section 230 immunity.

Recommended Citation

Wampler, J. Tyler (2023) "Social Media on Trial: How the Supreme Court Could Permanently Alter the Future of the Internet by Limiting Section 230's Broad Immunity Shield," Tennessee Law Review: Vol. 90: Iss. 2, Article 3.
Available at: https://ir.law.utk.edu/tennesseelawreview/vol90/iss2/3

Publication Date

2023