#338: Gonzalez v. Google
Tech Policy Podcast
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Is There a Difference Between a Distributor and a Primary Publisher?
Under old defamation law, there was a distinction between a primary publisher and a secondary publisher also called like a publisher versus a distributor. The standards of liability were distinct where you could only be held liable if you knew or should have known of the defamatory content that you were putting out. So they're all publishers. There is no reason to import technical concepts of defamation law into section 230. It's not brought up by petitioners and it's not bringing up by the US. But nonetheless, at the oral argument, we might see some questions about taking content down.
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