On May 18, 2023, the Supreme Court declined to decide whether Section 230 protects interactive computer services from claims based on third-party content. The Court held that under its decision in Twitter v. Taamneh, the plaintiffs likely failed to state a claim under the Antiterrorism Act. So it vacated the Ninth Circuit’s decision and remanded for further proceedings consistent with Twitter. WLF’s amicus brief had argued that Section 230 bars suits against websites like YouTube for content uploaded by third parties. This interpretation is the only one supported by Section 230’s plain language. WLF’s brief also described why allowing Section 230 to preempt state-law claims violates neither the clear-statement rule nor federalism principles.


WLF amicus brief