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Supreme Court Poised to Reconsider Key Tenets of Online Speech

Accepted submission by fliptop at 2023-01-19 13:06:12
Digital Liberty

The U.S. Supreme Court is poised to reconsider rules social networks operate under, potentially leading to the most significant reset of the doctrines governing online speech since the 1990s [dnyuz.com]:

For years, giant social networks like Facebook [nytimes.com], Twitter [nytimes.com] and Instagram have operated under two crucial tenets.

The first is that the platforms have the power to decide what content to keep online and what to take down, free from government oversight. The second is that the websites cannot be held legally responsible for most of what their users post online, shielding the companies from lawsuits over libelous speech, extremist content and real-world harm linked to their platforms.

[...] On Friday, the Supreme Court is expected to discuss whether to hear two cases that challenge laws in Texas [nytimes.com] and Florida [nytimes.com] barring online platforms from taking down certain political content. Next month, the court is scheduled to hear [nytimes.com] a case that questions Section 230 [nytimes.com], a 1996 statute that protects the platforms from liability for the content posted by their users.

[...] The cases are part of a growing global battle over how to handle harmful speech online. In recent years, as Facebook and other sites attracted billions of users and became influential communications conduits, the power they wielded came under increasing scrutiny. Questions arose over how the social networks might have unduly affected elections [nytimes.com], genocides [nytimes.com], wars and political debates.

[...] If the Supreme Court’s justices decide to hear the challenges, they could move to take the cases immediately for the court’s term ending in June or for its next term, which runs from October until the summer of 2024.

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