Tech companies are bracing for the U.S. Supreme Court to hear one of the most consequential cases facing the trillion-dollar industry to date
YouTube is one of the companies being looked at for it's use of algorithms to recommend content. | Sean Gallup/Getty Images — a ruling that could potentially make them liable for the recommendation of harmful content on their platforms., seeks to hold Google’s YouTube liable for the death of a woman killed in a 2015 terrorist attack.
Platforms say if the liability shield doesn’t protect their use of targeted algorithms to recommend and promote content, some companies would more aggressively remove users’ speech or bar the discussion of more controversial topics for fear of being sued. Thomas, a frequent critic of Section 230, has written two dissents urging his colleagues to take a case reviewing what he sees as the lower courts’ overly broad interpretation of the law in favor of tech companies.
And the bipartisan nature of the pressure to change Section 230 protections has experts watching to see if that is reflected in any decision from the justices. “There’s a kind of strange bedfellows aspect to tech regulation currently with everyone mad at tech companies for the opposite problems — the left accusing it of allowing it too much speech, and the right accusing it of censoring too much speech,” Chander said.
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