Court Rejects Social Media Bids to Block Youth Addiction Suits
Should companies face trial for profiteering from child addiction or does Section 230 grant immunity from legal action?
Above: The Ninth U.S. Circuit Court of Appeals in San Francisco, California, on June 12, 2017. Image credit: Justin Sullivan/Getty Images
The Spin
Narrative A
Section 230 is a defense to liability, not a get-out-of-court-free card. The families of those allegedly affected by social media products deserve their day in court and if these giants want to avoid penalties, they will have to prove their innocence in court, like everyone else.
Narrative B
The Ninth Circuit has spent decades calling Section 230 protection immunity from suit, not just a liability shield, and gutting that distinction now exposes every online platform to costly, protracted litigation Congress explicitly wanted to prevent. Allowing these bogus failure-to-warn claims to proceed will chill free speech online and smother future internet innovation.