As US Supreme Court weighs YouTube’s algorithms, ‘litigation minefield’ looms

In 2021, a California state court threw out a feminist blogger’s lawsuit accusing Twitter Inc of unlawfully barring as “hateful conduct” posts criticizing transgender people. In 2022, a federal court in California tossed a lawsuit by LGBT plaintiffs accusing YouTube, part of Alphabet Inc, of restricting content posted by gay and transgender people.

These lawsuits were among many scuttled by a powerful form of immunity enshrined in U.S. law that covers internet companies. Section 230 of the Communications Decency Act of 1996 frees platforms from legal responsibility for content posted online by their users.

In a major case to be argued at the U.S. Supreme Court on Tuesday, the nine justices will address the scope of Section 230 for the first time. A ruling weakening it could expose internet companies to litigation from every direction, legal experts said.