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Justice Clarence Thomas Asks the Supreme Court to Reevaluate Big Tech’s Immunity Under Section 230

Justice Clarence Thomas issued a statement on Monday about the denial of certiorari in the Jane Doe v. Facebook case. In his statement, Justice Thomas called for the Supreme Court to “address the proper scope of immunity under §230 in an appropriate case” available to Big Tech.

Justice Thomas narrated that it’s “hard to see” why section 230 is protecting the Big Tech from liability for companies’ “own ‘acts and omissions.’

“It is hard to see why the protection §230(c)(1) grants publishers against being held strictly liable for third parties’ content should protect Facebook from liability for its own “acts and omissions,” Justice Thomas stated.

“Here, the Texas Supreme Court afforded publisher immunity even though Facebook allegedly “knows its system facilitates human traffickers in identifying and cultivating victims,” but has nonetheless “failed to take any reasonable steps to mitigate the use of Facebook by human traffickers” because doing so would cost the company users—and the advertising revenue those users generate,” he said.

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