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Third Circuit’s Section 230 TikTok Ruling Deliberately Ignores Precedent, Defies Logic
Step aside Fifth Circuit Court of Appeals, there’s a new contender in town for who will give us the most batshit crazy opinions regarding the internet. This week, a panel on the Third Circuit ruled…
2016) (concluding that § 230 immunity applied because the structure and operation of the website, notwithstanding that it effectively aided sex traffickers, reflected editorial choices related to traditional publisher functions); Jones v. Dirty World Ent. In Moody v. NetChoice, LLC, the Court considered whether state laws that “restrict the ability of social media platforms to control whether and how third-party posts are presented to other users” run afoul of the First Amendment. The argument, as hinted at by Justices Thomas and Gorsuch, is that because NetChoice argues (correctly) that its editorial decision-making is protected by the First Amendment, it’s somehow in conflict with the idea that they have no legal liability for third-party speech.
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