The Supreme Court Won’t Fix Section 230 for the Same Reason as Congress: It’s Political

February 24, 2023Media Mention
The Wrap

Litigation partner Douglas Mirell spoke to The Wrap about Section 230 of the Communications Decency Act and why the U.S. Supreme Court may not be anxious to address its contours in the pending Gonzalez v. Google and Twitter v. Taamneh cases.


“This is a non-partisan issue,” said Douglas Mirell, a veteran litigator in First Amendment, entertainment and other media law who has written extensively about Section 230. “But the sides have problems with Section 230 for very different reasons: The progressive left says it’s allowing too much hate speech and disinformation … the right, for its part, says what’s going on here is that platforms aren’t allowing enough conservative voices to be heard.”

“The most likely outcome is the punt,” Mirell said. “The second most likely outcome is one in which the court says, ‘We’ve got concerns about how algorithms recommend third-party content’ — and that could cross the line that Section 230 draws between third-party information, and what’s being published by the site itself.”