Biden Administration Tells US Supreme Court Section 230 of Communications Decency Act Has Limits

Section 230 of the US Communications Decency Act holds that social media firms can't be treated as the publisher of information posted by users.

Advertisement
By Reuters | Updated: 8 December 2022 16:23 IST
Highlights
  • Section 230 has been sharply criticised across the political spectrum
  • DOJ lawyer told Supreme Court to return the case to the 9th Circuit
  • Biden administration did not argue that Google should be held liable

YouTube accused of recommending videos by Islamic State through its algorithms

Photo Credit: Unsplash/ Jeremy Bezanger

The Biden administration argued to the US Supreme Court on Wednesday that social media giants like Google could in some instances have responsibility for user content, adopting a stance that could potentially undermine a federal law shielding companies from liability.

Lawyers for the US Department of Justice made their argument in the high-profile lawsuit filed by the family of Nohemi Gonzalez, a 23-year-old American citizen killed in 2015 when Islamist militants opened fire on the Paris bistro where she was eating.

Advertisement

The family argued that Google was in part liable for Gonzalez' death because YouTube, which is owned by the tech giant, essentially recommended videos by the Islamic State group to some users through its algorithms. Google and YouTube are part of Alphabet (GOOGL.O).

The case reached the Supreme Court after the San Francisco-based 9th US Circuit Court of Appeals sided with Google, saying they were protected from such claims because of Section 230 of the Communications Decency Act of 1996.

Advertisement

Section 230 holds that social media companies cannot be treated as the publisher or speaker of any information provided by other users.

The law has been sharply criticised across the political spectrum. Democrats claim it gives social media companies a pass for spreading hate speech and misinformation.

Advertisement

Republicans say it allows censorship of voices on the right and other politically unpopular opinions, pointing to decisions by Facebook and Twitter to ban dissemination of a New York Post article about the son of then-Democratic candidate Joe Biden's adult son, Hunter, in October 2020.

The Biden administration, in its filing to the Supreme Court, did not argue that Google should be held liable in the Gonzalez case and voiced strong support for most of Section 230's protections of social media companies.

Advertisement

But the DOJ lawyers said that algorithms used by YouTube and other providers should be subject to a different kind of scrutiny. They called for the Supreme Court to return the case to the 9th Circuit for further review.

Attorneys for Google could not be reached for comment on Wednesday night.

© Thomson Reuters 2022


What are the best smartphones you can buy in India in 2022? These are the phones we think stood out the most this year Orbital, the Gadgets 360 podcast. Orbital is available on Spotify, Gaana, JioSaavn, Google Podcasts, Apple Podcasts, Amazon Music and wherever you get your podcasts.
Affiliate links may be automatically generated - see our ethics statement for details.
 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Google's Fitbit Air Spotted on Amazon India Ahead of Official Launch
  2. Samsung Galaxy Z Fold 8 Fresh Renders Leaked Online Just Ahead of Launch
  3. Redmi Note 17 Pro Max Listed on NBTC Website Ahead of Imminent Launch
  4. Redmi Note 17 India Launch Timeline, Key Specifications Leaked
  5. These OnePlus Smartphones Could Receive the ColorOS 17 Update in India
  6. Tecno Camon 50 Ultra 5G Sale Begins in India Today
  7. Dell Alienware 16X Aurora Launched in India Alongside Alienware Area-51 Series
  8. Samsung Galaxy Z Fold 8 Ultra Could Cost More Than Expected, Listing Suggests
  1. OnePlus N6x Design, Colour Options Teased in New Marketing Material Ahead of Imminent Launch in India
  2. OnePlus 11, Nord 4, and Newer Models Tipped to Receive the Android 17-Based ColorOS 17 Update in India
  3. Redmi Note 17 Pro Max Appears on Thailand's NBTC Certification Database, Might Launch Soon
  4. Apple’s First Foldable iPhone Reportedly Appears in iOS 27 Beta Code With a Multi-Battery Setup
  5. X for Android App Undergoes Major Design Overhaul, Enhanced Performance and Reliability
  6. Samsung Galaxy Buds Able to Reportedly Skip Galaxy Unpacked Launch; Could Debut in October
  7. Dell Alienware 16X Aurora, Alienware 16 Area-51 and Alienware 18 Area-51 Launched in India: Price, Specifications
  8. Samsung Galaxy A55, Galaxy A35 One UI 9 Test Builds Reportedly Spotted Ahead of Android 17 Rollout
  9. Xiaomi Pad 9 Could Launch Soon With a Bigger Battery, Certification Listing Suggests: Expected Specifications
  10. Redmi 17 4G EPREL Certification Listing Gives an Early Look at Its Specifications
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.