A big concern of the justices seems to be the waves of lawsuits that could happen if the court rules against Google.
But Eric Schnapper, representing the plaintiffs, argued that a ruling for Gonzalez would not have far-reaching effects because even if websites could face new liability as a result of the ruling, most suits would likely be thrown out anyway.
Chief Justice John Roberts mused that under a narrowed version of Section 230, terrorism-related cases might only be a small share of a much wider range of future lawsuits against websites alleging antitrust violations, discrimination, defamation and infliction of emotional distress, just to name a few.
“I admit I’m completely confused by whatever argument you’re making at the present time,” Justice Samuel Alito said. Stewart said there was distinction between an individual user making a conscious decision to amplify content and an algorithm that is making choices on a systemic basis. But Stewart did not provide a clear answer about how he believed changes to Section 230 could affect individual users.
Though Google’s attorney, Lisa Blatt, did not get the tough grilling that Schnapper and Stewart received, some justices hinted at some discomfort with how broadly Section 230 has been interpreted by the courts. The brief, written by Oregon Democratic Sen. Ron Wyden and former California Republican Rep. Chris Cox, explained that Section 230 arose as a response to early lawsuits over how websites managed their platforms, and was intended to shelter the nascent internet.
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