The Supreme Court expressed caution Tuesday on a challenge to big social media companies, worrying that stripping them of legal protection for how they promote content on their website could upend the entire internet economy.
The case before the justices came from the family of a woman who was killed in an Islamic State terrorist attack in Paris in 2015. The family, citing U.S. anti-terrorism law, said Google, which owns YouTube, could be held liable for promoting ISIS content because its algorithms suggest the terrorist group’s videos to people looking for them.
Lisa Blatt, Google’s lawyer, said the law’s theory is that if the harm flows from a posted video or story, it’s the creator of the content, not the internet company, who’s speaking. She added that the company contributes the algorithm that decides which content to suggest to each user — which is not speech.
Relatives of Nohemi Gonzalez, an American killed in Paris, say ISIS posted content on YouTube, owned by Google, which wasn’t diligent enough in removing it, and in some instances would “recommend” ISIS videos to users. She said given the potential stakes, with tech companies warning an adverse ruling could crash the digital economy, judges should be cautious about inserting themselves into the complicated argument.Mr. Schnapper said he’s arguing only against the companies’ recommendations.
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