PHIL HAMBURGER: How A Terrorist Victim Can Help The Supreme Court Address Section 230. “Nohemi’s relatives and estate have sued Google—the owner of YouTube—for algorithmically encouraging followers of ISIS to view ISIS videos, in violation of the law against assisting terrorism. Google responds that Section 230 gives it sweeping immunity. It claims to be privileged for a host of abuses, including aiding terrorism and censoring Americans. Big Tech thus takes a big interpretation of Section 230. The statute and the Constitution, however, suggest Big Tech has overplayed its hand.”

I would add that immunity from liability for publishing content may not logically extend to immunity for writing algorithms that selectively push that content. As to the algorithms, they’re the author, not a mere conduit.