Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistFeaturesIntellectual PropertyInternet LawRegulationUnited States Supreme Court

Understanding the Supreme Court Cases that Didn't Destroy the Internet: 'Gonzalez v. Google' and 'Twitter v. Taamneh'

By Erick Franklund
July 01, 2023

The United States Supreme Court did not destroy the Internet on May 18, 2023. That day, the Court released its opinions in Gonzalez v. Google LLC, 143 S. Ct. 1191 (2023) (per curiam), and Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023). In these companion cases from the Ninth Circuit, family members of ISIS victims sued large tech companies under the Justice Against Sponsors of Terrorism Act (JASTA) for allegedly aiding and abetting foreign terrorists by providing them with platforms "for spreading extremist propaganda, raising funds, and attracting new recruits." Complaint ¶ 12, Taamneh v. Twitter, Inc., No. 3:17-cv-4107 (N.D. Cal. July 20, 2017). Defendants in both cases asserted defenses under 47 U.S.C. § 230(c)(1) (Section 230). Section 230, generally speaking, shields online platforms from liability for otherwise actionable content users post on their sites. After the Supreme Court agreed to hear the cases on Oct. 3, 2022, worry quickly spread that the Court "could break the Internet" by weakening this liability shield. Isaac Chotiner, "Two Supreme Court Cases that Could Break the Internet," New Yorker (Jan. 25, 2023).

The Internet is still standing, but the Supreme Court's reasoning in the 583-word Gonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.