SCOTUS needs to uphold Section 230 to protect online speech

In Gonzalez v. Google, the Supreme Court will decide whether Section 230 protects Google when YouTube shows users controversial content based on those users’ interests. The plaintiff, Gonzalez, argues that because Google organized (but did not create) the content, Google should be treated as the content’s creator and thus held responsible for every website in the search results.

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In other words, the plaintiffs’ view would be akin to holding Barnes & Noble responsible for the contents of every book it sells. If that view were accepted, Barnes & Noble would be considered liable for the books it sells — and thus would sell few, if any. After all, it’s neither reasonable nor logical to task employees with reading and fact-checking every single word, on every single page, in every single book.

If the Court determines that Google is legally responsible for third-party content shown to users, all online websites with interactive features will be at risk of endless lawsuits against basic operations. Each decision to host or show content — controversial or mundane — could mean millions of dollars in legal fees. The result will be that websites will strip their sites of all but the most straightforward and inoffensive content. That means less content of all types, including politics, art, social critiques or religious content online. In short, it means less speech.

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