The Henderson Test and Section 230

On February 21, the Supreme Court will hear oral arguments in Gonzalez v. Google, a case that risks reshaping the internet for the worse. In Gonzalez, plaintiffs have sued Google, the parent company of YouTube, alleging that YouTube’s algorithms aided terrorist recruitment by helping would‐​be terrorists find radicalizing videos. They argue that YouTube’s video “recommendations” are distinct from publishing and thus unprotected by Section 230. If accepted, their argument would expose many websites’ algorithmic matching features to litigation. This will be the first time the Supreme Court interprets Section 230, the bedrock intermediary liability shield that enables the modern internet, and whatever the court decides will echo throughout the web.

Join our panelists Thomas Berry, Jess Miers, Nicole Saad Bembridge, and Gabrielle Shea for a discussion of the oral arguments in Gonzalez, moderated by Will Duffield. We will explain the implications of the case and attempt to read the tea leaves of justices’ reactions and remarks.

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