SCOTUS hears arguments about whether Twitter can be held liable for failing to remove terrorists
in question, Section 230 of the Communications Decency Act, which protects platforms from being held accountable for hosting their users' posts. While many appeared sympathetic to a narrower reading of the law, several also seemed to prefer kicking the responsibility over to Congress.
Twitter's lawyer Seth Waxman argued that the company should not be held responsible for aiding and abetting terrorism in instances where it is not directly aware of the specific post or account in question. He said that to satisfy the anti-terrorism law's standard for liability, Twitter would have had to provide substantial assistance to the act of terrorism and know their actions would provide such assistance.
Justice Sonia Sotomayor noted that basing a win for Twitter on the knowing standard would be difficult "because willful blindness is something we have said can constitute knowledge." Justice Amy Coney Barrett laid out a possible framework for a ruling in favor of Twitter in her questioning of Kneedler. Coney Barrett said such an opinion might say that in order to find Twitter liable for aiding and abetting the terrorist act, the complaint would have to prove that Twitter's service was directly used toward the terrorist attack, not just general recruitment or radicalizing.
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