meta_pixel
Tapesearch Logo
Log in
The Lawfare Podcast

The Supreme Court Hears Oral Arguments in Gonzalez and Taamneh

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 23 February 2023

⏱️ 48 minutes

🧾️ Download transcript

Summary

On Tuesday and Wednesday of this week, the Supreme Court heard oral argument in a pair of cases concerning to what extent online platforms can be held responsible for terrorist content on their services. Gonzalez v. Google focused on the scope of Section 230, which shields platforms from liability for third-party content. Twitter v. Taamneh, meanwhile, concerned whether platforms can be held liable under the Anti-Terrorism Act if members of terrorist groups use their services to recruit and spread their message. 

Oral arguments took a combined five hours as the justices slogged through these difficult questions about the functioning of the modern internet. Lawfare senior editors Quinta Jurecic, Scott R. Anderson, and Alan Rozenshtein, and Lawfare editor-in-chief Benjamin Wittes, sat down to discuss.

Support this show http://supporter.acast.com/lawfare.


Hosted on Acast. See acast.com/privacy for more information.

Transcript

Click on a timestamp to play from that location

0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull and the aftermath.

0:32.0

The financial times follows the money to find business stories in unexpected places.

0:38.0

We found a surprising one in the porn industry.

0:41.0

I'm Alex Barker, co-host of the FT Pushkin podcast Hot Money.

0:46.0

Through the series, we reveal the real power behind this secretive global business.

0:51.0

You can check out our podcast and read selected articles for free at ft.com slash insights.

1:08.0

If the court kicks this case away because it wants Congress to fix this problem,

1:13.0

what we'll have done is it will have returned the law to the status quo,

1:17.0

which is of a very broad understanding of 230, a very broad one that the companies like,

1:21.0

and therefore, uh, situation which the companies are incentivized to have Congress do nothing,

1:25.0

because they like the status quo.

1:27.0

And so that's like the kind of catch 22 that the court has,

1:31.0

but given how messy oral argument was and given how difficult all the justices,

1:35.0

including 230 skeptics like Justice Thomas or maybe Justice Alito,

1:39.0

given the difficulties they all recognized,

1:41.0

and maybe that they just throw their hands up,

1:43.0

and either for reasons related to the underlying liability theory under the ETA,

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from The Lawfare Institute, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of The Lawfare Institute and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.