The Heritage Foundation and AFL Team up on Amicus Brief in Lawsuit Targeting Big Tech’s Section 230 Immunity from Civil Liability

The Heritage Foundation announced on Thursday that it would participate with America First Legal (AFL) in filing an amicus brief in a lawsuit seeking to oblige big tech to accept more accountability for the content posted through its channels.

The lawsuit, Gonzalez v. Google, concerns Section 230, which involves the immunity from civil liability given by Congress to big tech.

The Heritage Press release reads: 

“WASHINGTON—Today, The Heritage Foundation, in partnership with America First Legal, filed an amicus brief in Gonzalez v. Google. With Boyden Gray & Associates serving as lead counsel, the amicus brief was filed on behalf of Senators Ted Cruz, Mike Braun, Joni Ernst, Lindsey Graham, Chuck Grassley, Bill Hagerty, James Lankford, Mike Lee, Cynthia Lummis, Marco Rubio, and Roger Wicker, and Representatives Mike Johnson, Jodey C. Arrington, Scott Fitzgerald, Doug Lamborn, Victoria Spartz, and Tom Tiffany.

Gonzalez v. Google puts the limits of Section 230 immunity to test. The family of Naomi Gonzalez argues that YouTube helped aid and abet her killing in the 2015 Islamic State terrorist attacks in Paris by ‘recommending’ content by a militant Muslim group. The central premise the court is considering in the case is whether YouTube’s active role in recommending videos negates Section 230’s liability shield for tech companies.

“Heritage’s brief makes a textualist argument that lower courts have improperly expanded the scope of Section 230 immunity from civil liability for tech companies beyond what the text of the statute allows. It asks the Supreme Court to send this case back to the lower courts with new directions on proper interpretation.”

The decision comes after America First Legal's explosive file dump posted on Twitter on Tuesday. It consists of 600 pages involving litigation relating to the exclusive portal Twitter created to allow like-minded liberal political and government colleagues to flag content they didn't like and request its immediate removal from the website.It will be interesting to see the results of Gonzalez v. Google in the Supreme Court.

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