United States of America: Announced Supreme Court decision to hear Twitter v Taamneh regarding platform’s liability over displayed terrorist content

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Announced Supreme Court decision to hear Twitter v Taamneh regarding platform’s liability over displayed terrorist content

On 3 October 2022, the United States Supreme Court announced that it accepted to hear the appeal against the Court of Appeals for the Ninth Circuit ruling in Twitter v Taamneh. The case pertains to the liability of internet service providers under the Anti-Terrorism Act (ATA) and Section 230 of the Communications Decency Act (CDA). The case concerns a mass shooting that occurred in Istanbul in 2017 and was claimed by a terrorist organisation, the Islamic State in Iraq and Syria (ISIS). The plaintiffs filed a lawsuit against Twitter, alleging it contributed to the terrorist organisation’s growth by allowing ISIS to use the platform for recruitment and propaganda, leading to the incitement of violence. The Ninth Circuit confirmed that Section 230 of CDA protected Twitter from being held responsible for allegedly providing material support to terrorists in violation of ATA by displaying ISIS content. The Supreme Court will consider whether Twitter which provides services to numerous users, can be regarded as knowingly offering significant assistance under ATA by allowing the display of ISIS’content.

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Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2021-06-22
in force

On 22 June 2021, the United States Court of Appeals for the Ninth Circuit upheld the district court…

2022-10-03
under investigation

On 3 October 2022, the United States Supreme Court announced that it accepted to hear the appeal ag…

2023-05-18
in force

On 18 May 2023, the Supreme Court issued a ruling in the appeal case challenging the Ninth Circuit …