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Supreme Court Justices Are ‘Confused’ by Internet Legal Shield Case
Posted
February 22, 2023
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0:14Now PlayingUS Supreme Court justices across the political spectrum — from Samuel Alito to Ketanji Brown Jackson — uttered the words “I’m confused” during the early part of arguments over upending the internet’s foundational law.
The justices are “not the nine greatest experts on the internet,” said Justice Elena Kagan on Tuesday during oral arguments in Gonzalez v. Google, a case that centers on whether YouTube should be held liable for the videos that its algorithms recommend to users.
Kagan’s remarks, which were met with laughter, came as she expressed skepticism about the arguments from Eric Schnapper, the lawyer representing the family of a US citizen killed by Islamic State in a 2015 Paris attack, which contends Alphabet Inc.’s Google should be held liable for software algorithms that recommended terrorist videos to YouTube users.
The justices early in the day seemed at times confused and frustrated by Schnapper’s arguments, saying that they were unsure why YouTube in this case would not be protected by Section 230 of the Communications Decency Act, a 1996 statute that allows social media platforms to avoid most lawsuits over the content posted on their platforms. The arguments offered a very early glimpse into where the justices might land, although the court often changes its skeptical tone throughout oral arguments.
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