), TikTok, and Twitter, can steer clear of legal responsibility when they recommend third party content.During arguments on Tuesday, justices questioned the plaintiffs’ contention that site owners, under, can be held liable when their organizational algorithms recommend particular content by generating thumbnails for suggested videos—and Google's claim that the company's mere organizational choices can't strip it of Section 230 protection.
"The question is what you do with the algorithm," Gonzalez's lawyer Eric Schnapper told the court. "It's the recommendation practice that we think is actionable." Associate Justice Elena Kagan asked if Section 230 should protect websites like YouTube, regardless of whether their search algorithms are neutral, a distinction made important by the Ninth Circuit Court of Appeals inwhich held that Section 230 provided liability protection because the defendant's algorithm recommended harmful third-party content in the same way that generated other recommended third-party content.
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