---
title: Why everyone’s talking about Section 230
description: Section 230, passed in 1996, prevents social media giants from being liable for what people use them to post. But that could change.
---

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# [Why everyone’s talking about Section 230](https://hs-sbup.thehustle.co/news/02232023-section-230)

 Written by [Juliet Bennett Rylah](https://hs-sbup.thehustle.co/news/author/juliet-bennett-rylah) | Feb 23, 2023 9:56:27 AM

For 27 years, Section 230 — part of the 1996 [Communications Decency Act](https://mtsu.edu/first-amendment/article/1070/communications-decency-act-of-1996) — has shaped the internet.

It [states](https://www.law.cornell.edu/uscode/text/47/230#f_2) that website operators (e.g., Facebook, Twitter, media outlets) can’t be sued over what users post or comment, and may also set policies for what gets removed and what doesn’t.

#### **For example…**

… artist Ken Zeran received a barrage of threatening phone calls after offensive ads with his home phone number appeared on AOL.

In 1997, Zeran sued AOL and lost, setting an important precedent: AOL was *not *liable for what an anonymous troll used its platform to post.

Section 230 has since been cited in at least 350 cases — though most related lawsuits are dismissed before they’re even heard, [per](https://www.npr.org/2021/05/11/994395889/how-one-mans-fight-against-an-aol-troll-sealed-the-tech-industrys-power) *NPR*.

#### **Facebook, YouTube, and Twitter…**

… didn’t exist in the ‘90s. The internet has exploded in the last quarter century, and many want Section 230 reformed or repealed:

- Some cite an influx of online hate speech and misinformation
- Others, [including](https://www.forbes.com/sites/abrambrown/2020/05/28/what-is-section-230-and-why-does-trump-want-to-change-it/?sh=56f87778389d) the Trump admin, have claimed that allowing platforms to moderate freely lets them suppress certain ideologies

Meanwhile, advocates say it’s crucial to free speech. The Electronic Frontier Foundation [notes](https://www.eff.org/issues/cda230) that it protects small websites and bloggers, too.

#### **But now…**

… a group of lawsuits are challenging Section 230’s reign.

On Tuesday, the Supreme Court heard a case in which the family of a student killed in the 2015 Paris terrorist attacks alleged that Google-owned YouTube’s algorithms recommended extremist terrorist videos.

The court carefully considered the arguments — Justice Elena Kagan quipped they’re “not the nine greatest experts on the internet” — without making any decisions, but did [express concerns](https://www.cnn.com/2023/02/21/tech/supreme-court-gonzalez-v-google) about overhauling the internet and endless lawsuits.

The court heard a similar case against Twitter yesterday, regarding whether social media companies are liable for “aiding and abetting” terrorists, a violation of 2016’s Justice Against Sponsors of Terrorism Act.

No opinion was issued, but *Vox* [reported](https://www.vox.com/politics/2023/2/22/23610608/supreme-court-twitter-taamneh-isis-terrorism-section-230-justice) the court seemed unlikely to hold social media companies liable.

[View full post](https://hs-sbup.thehustle.co/news/02232023-section-230)

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