Show Notes - Supreme Court Wrap Up on Big Tech & Big Terror

Episode:

#47

Title:

Supreme Court Wrap Up: Opinion Of The Court On Big Tech & Big Terror

Summary:

Today on Legalese we have the first video of my annual Supreme Court Wrap Up. Every fall when the Supreme Court releases their list of cases on the merits it will be considering in their upcoming term I always do my annual “Supreme Court Roundup” where I highlight the cases that I believe are likely to become landmarks in constitutional law (or topics closely related to constitutional law) and any other cases that happen to catch my interest and we discuss the particulars of these cases and predict what their effects will be as precedent when the Court issues their opinion near the end of their term in May/June.

Last year I selected five cases:

• National Pork Producers v Ross (Dormant Commerce Clause)

• Haaland v Brakken (Indian Commerce Clause)

• Moore v Harper (Independent State Legislature Doctrine)

• Tamanaah v Twitter (Anti-Terrorism Act 18 U.S.C. §2333)

• Gonzalez v Google (Anti-Terrorism Act 18 U.S.C. §2333 and The Communications Decency Act of 1996 47 U.S.C. §230)

Today we will be discussing the opinion of the court in both the Twitter and Google cases, which were related cases that sought liability against Twitter and Google because the use of the service by the terrorist organization ISIS as a means of recruitment related two terrorist acts. In France and Turkey, respectively.

Petitioners claimed that the use of Google and ISIS constituted “aiding and abetting” a known terrorist group. The Court would find unanimously in favor of both Twitter and Google, ruling that simply providing a platform that a terrorist organization just so happens to use does not meet the level of aiding and abetting and that the petitioners failed to state a claim.

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Sources:

• Twitter, Inc. v. Taamneh, 598 U.S. ___ (2023)

• Gonzalez v. Google LLC, 598 U.S. ___ (2023)

• 18 U.S. Code Chapter 113B - TERRORISM

• 18 U.S. Code § 2333 - Civil remedies

• Twitter v Taamneh: Opinion Of The Court

• Gonzalez v Google Opinion Of The Court

• Supreme Court Docket Page for Twitter v Taamneh

• Supreme Court Docket Page Gonzalez v Google

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My Past Episodes

• Supreme Court Roundup Fall 2022

• Section 230 Origin and Scope

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