In a rare moment of agreement in the ideologically fractured Supreme Court, Justices Elena Kagan and Brett Kavanaugh concurred in late February that it was the job of Congress – not SCOTUS – to decide on any changes to a landmark 1996 federal law that has shaped the modern internet.
While hearing arguments in the case of Gonzalez vs. Google, the justices expressed not only wariness of the company’s claim that Section 230 affords tech companies immunity from lawsuits over content posted on their sites, but also a hesitancy to weigh in on the argument.
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