3 ms·
I don’t agree. The ruling used logical reasoning based on the 2023 Netchoice decision in which the Supreme Court ruled that the actions of the moderating algor
by stockresearcher 10mo ago
I don’t agree. The ruling used logical reasoning based on the 2023 Netchoice decision in which the Supreme Court ruled that the actions of the moderating algorithms enjoyed first amendment protection. The first amendment protects you from liability from your own speech, while section 230 protects you from liability from somebody else’s speech. Ergo, if the platform was protected by the first amendment then the algorithm output was the speech of the platform.
Netchoice had a bunch of concurring opinions, including from ACB that essentially says they really aren’t sure how they’d rule in a case directly challenging algorithmic recommendations. That’s why I say it’s not clear how the liability situation is, and it really is baffling why TikTok chose not to appeal.