Progressives say Section 230 allows for excessive hate speech and false information while the right wants more leeway for conservative voices. In hearing cases on the freedom of the internet, the Supreme Court seemed reluctant to make a definitive decision, rather preferring to punt to Congress. The core of the dispute concerns whether social media companies’ algorithms recommending content to users make the companies publishers rather than just neutral forums. (The Wrap, February 24, 2023, by Josh Dickey)
Attorney Stewart Baker’s analysis, Reason, February 27, 2023, of the Supreme Court’s deliberations in Gonzalez v. Google, concludes that it is likely that the court will curtail the immunity embodied in Section 230. A majority expressed discomfort with offensive content including terrorism, defamation and racism.