The Ninth Circuit Just Redrew Section 230's Boundaries
On August 10, the Ninth Circuit Court of Appeals ruled that Meta, Google, TikTok, and Snap must face over 3,000 lawsuits claiming their platforms were designed to addict users, particularly children. The companies argued Section 230 of the Communications Decency Act should dismiss the cases outright. The court disagreed, drawing a sharp distinction: Section 230 is a defense to liability, not immunity from being sued in the first place.
That's a subtle legal line with massive practical implications. For two decades, Section 230 has functioned as a "get out of court free" card for platforms. Courts routinely dismissed cases at the pleading stage, long before discovery, depositions, or trial. Platforms didn't just win lawsuits — they avoided them entirely. Now, the Ninth Circuit is saying: you still have to go through the lawsuit. You can argue Section 230 as a defense later, but you don't get to skip discovery.
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