London Daily

Focus on the big picture.
Wednesday, Feb 18, 2026

U.S. Supreme Court torn over challenge to internet firms' legal shield

U.S. Supreme Court torn over challenge to internet firms' legal shield

U.S. Supreme Court justices on Tuesday expressed uncertainty over whether to narrow a legal shield protecting internet companies from a wide array of lawsuits in a major case involving YouTube and the family of an American student fatally shot in a 2015 rampage by Islamist militants in Paris.
The justices heard arguments in an appeal by the family of Nohemi Gonzalez, a 23-year-old student at California State University, Long Beach who was studying in France, of a lower court's dismissal of a lawsuit against Google LLC-owned YouTube. Google and YouTube are part of Alphabet Inc (GOOGL.O).

The Supreme Court for the first time in this case is scrutinizing the scope of a much-debated 1996 federal law called Section 230 of the Communications Decency Act, which protects internet companies from liability for content posted by their users. In dismissing the lawsuit, the San Francisco-based 9th U.S. Circuit Court of Appeals relied upon Section 230.

The justices signaled concern about the potential consequences of limiting immunity for internet companies and the difficulty in figuring out where to draw that line while also expressing skepticism that these businesses should be shielded for certain types of harmful or defamatory content.

"These are not like the nine greatest experts on the internet," liberal Justice Elena Kagan said of the court's members, eliciting laughter in the courtroom.

Kagan and conservative colleague Justice Brett Kavanaugh both suggested Congress might be better suited to adjust legal protections for internet companies if warranted.

The lawsuit accused Google of providing "material support" for terrorism and claimed that YouTube, through the video-sharing platform's computer algorithms, unlawfully recommended videos by the Islamic State militant group, which claimed responsibility for the Paris attacks that killed 130 people, to certain users. The recommendations helped spread Islamic State's message and recruit jihadist fighters, the lawsuit said.

Kagan told a lawyer for the Gonzalez family, Eric Schnapper, that algorithms are widely used to organize and prioritize material on the internet and asked: "Does your position send us down the road such that (Section) 230 really can't mean anything at all?"

Schnapper replied no and added, "As you say, algorithms are ubiquitous. But the question is, 'What does the defendant do with the algorithm?'"

ANTI-TERRORISM LAW

The lawsuit was brought under the U.S. Anti-Terrorism Act, a federal law that lets Americans recover damages related to "an act of international terrorism."

Google and its supporters have said a win for the plaintiffs could prompt a flood of litigation against platforms and upend how the internet works. The case is a threat to free speech, they added, because it could force platforms to stifle anything that could be considered remotely controversial.

The justices wondered whether YouTube should lose immunity if the algorithms that provide recommendations are "neutral" or used to organize content based on users' interests.

"I'm trying to get you to explain to us how something that is standard on YouTube for virtually anything that you have an interest in suddenly amounts to 'aiding and abetting' because you're in the ISIS category," Justice Clarence Thomas told Schnapper, using initials for the Islamic State group.

Justice Samuel Alito asked Lisa Blatt, the lawyer representing Google: "Would Google collapse and the internet be destroyed if YouTube, and therefore Google, were potentially liable for hosting and refusing to take down videos that it knows are defamatory and false?"

Blatt responded, "Well, I don't think Google would. I think probably every other website might be because they're not as big as Google."

The justices struggled with where to draw the line in potentially eroding Section 230 protections.

Conservative Chief Justice John Roberts questioned whether Section 230 should apply given that recommendations are provided by YouTube itself.

"The videos just don't appear out of thin air, they appear pursuant to the algorithms," Roberts said.

Kagan wondered about a website delivering defamatory content to millions of its users.

"Why should there be protection for that?" Kagan asked.

Section 230 protects "interactive computer services" by ensuring they cannot be treated as the "publisher or speaker" of information provided by users.

Critics have said Section 230 too often prevents platforms from being held accountable for real-world harms. Liberals have complained of misinformation and hate speech on social media while conservatives have said voices on the right are censored.

President Joe Biden's administration urged the Supreme Court to revive the lawsuit by Nohemi Gonzalez's family.

A ruling is due by the end of June.

The justices on Wednesday will hear arguments in a related case over whether Twitter Inc (TWTR.MX) can be held liable under the Anti-Terrorism Act for aiding and abetting an "act of international terrorism" by allegedly failing to adequately screen its platform for the presence of militant groups.
Newsletter

Related Articles

0:00
0:00
Close
Italian Police Arrest Man After Alleged Attempt to Abduct Toddler at Bergamo Supermarket, Child Hospitalised With Fractured Femur
Reform UK Appoints Former Conservative Minister Robert Jenrick as Finance Chief
UK Unemployment Rises to Highest in Nearly Five Years as Labour Market Weakens
Rupert Lowe Advocates for English-Only Use in the UK
US Successfully Transports Small Nuclear Reactor from California to Utah
South Korea's traditional sand wrestling sport ssireum faces declining interest at home
Japan outlawed Islam
Virginia Giuffre accuses Epstein of trafficking to powerful men for blackmail.
New Mexico lawmakers initiate investigation into Zorro Ranch linked to Jeffrey Epstein
British Tourist Arrested at Hong Kong Airport After Meltdown and Vandalism
The Spanish government has ordered prosecutors to investigate platforms X, Meta and TikTok for allegedly spreading AI-generated child sexual abuse material
European Commission Plans Purchase Incentives Limited to Vehicles Manufactured Largely in the EU
French District of Pas-de-Calais Introduces Immediate License Suspension for Drivers Using Mobile Phones
Volkswagen Targets €60 Billion in Cost Reductions as Sales Decline and Global Pressures Intensify
Nigel Farage Names Reform UK Frontbench Team and Signals Zero Tolerance for Internal Dissent
Qualcomm to Withdraw UK Lawsuit Over Smartphone Chip Royalty Dispute
Major UK Banks Explore Domestic Card Network to Rival Visa and Mastercard
Cold Health Alert Issued Across UK as Temperatures Drop Sharply
Nine-Year-Old Becomes First Child in UK to Undergo Groundbreaking Leg-Lengthening Surgery
UK Workers Face Stagnant Incomes and a Softening Labour Market as Unemployment Climbs
UK Passport Rules Tightened for British Dual Nationals Under New Travel Guidance
California Deepens Global Climate Alliance with New UK Pact and Major Clean-Tech Investment Drive
UK Supreme Court Tightens Rules on Use of ‘Milk’ and ‘Cheese’ Labels for Plant-Based Products
University of Kentucky Postpones Feb. 19 Law Enforcement Training Exercise in Lexington
‘The only thing illegal is Keir Starmer handing these islands to a country like Mauritius!’
JD Vance says Germany is “killing itself” by taking in millions of fake asylum seekers from culturally incompatible nations.
UK Markets Signal Opportunity as Starmer Confronts Intensifying Political Pressure
Trump Criticises Newsom’s UK Climate Pact, Defends Federal Authority Over Foreign Engagements
UK’s Top Prosecutor Says ‘No One Is Above the Law’ as Police Review Claims Against Ex-Prince Andrew
Businessman Adam Brooks weighs in on the reports that the US is set to help Hamit Coskun flee the UK, over free speech concerns
U.S. Attorney General Pam Bondi Releases 3.5 Million Pages of Jeffrey Epstein Case Files
US Secretary of State Marco Rubio Comment on European allies report blaming Russia for killing late Kremlin critic Alexei Navalny using toxin from poison dart frogs
Eighty-Year-Old Lottery Winner Sentenced to 16.5 Years for Drug Trafficking
UK Quran Burner May Receive Asylum in the US Amid Legal Challenges
Rubio Calls for Sweeping U.N. Reform, Saying It Has Failed to End Wars in Gaza and Ukraine
10,000 Condoms Distributed at Winter Olympics 2026 Athlete Village Depleted Within 72 Hours
Poland's President Advocates for Evaluating Independent Nuclear Weapons Development
Prince William Meets Saudi Crown Prince as Epstein-Andrew Fallout Casts Shadow
Starmer Calls for Renewed ‘Hard Power’ Investment at European Security Summit
UK Police Establish National Taskforce to Handle Domestic Epstein-Linked Allegations
UK Court Rules Ban on Palestine Action Unlawful in Major Free Speech Test
UK Faces Prospect of Net Migration Turning Negative as Economic Impact Looms
Mayor of Serdobsk in Russia’s Penza Region Resigns After Housing Certificates Granted to Migrant Family Trigger Public Outcry
Pentagon Reviews Anthropic Partnership After Claude AI Reportedly Used in Operation Targeting Nicolás Maduro
President Donald Trump and Hip-Hop’s Political Realignment: Pardons, Public Endorsements, and the Struggle Over Cultural Influence
China’s EV Makers Face Mandatory Return to Physical Buttons and Door Handles in Driver-Distraction Safety Overhaul
Goldman Sachs and DP World Executive Resignations: Elite-Reputation Risk and Corporate Governance Fallout From the Epstein Disclosures
‘Amelia’: The UK Government’s Anti-Extremism Game Villain Who Became a Protest Symbol
Peter Mandelson Asked to Testify Before US Congress Over Jeffrey Epstein Links
Walmart's Earnings and UK Economic Data Highlight Upcoming Financial Trends
×