Supreme Court Justice Clarence Thomas Wants Section 230 Reckoning

larence Thomas has done it again. Never one to shy away from the Big Tech debate, the conservative Supreme Court justice recently hinted that Section 230—“the twenty-six words that created the internet”—could soon be in the highest court’s crosshairs.

In the simplest of terms, Section 230 of the 1996 Communications Decency Act grants immunity from civil liability for third-party content hosted on “interactive computer services.” On March 7, Thomas identified two foundational issues with the application of this statute in its current form. First, the courts’ broad interpretations have led to sweeping immunity for today’s tech platforms. Second, Big Tech companies never fail to abuse the privilege.

Thomas asserts that expansive interpretations of Section 230 from 1996 onward may clash with the original text. He contends that arguments favoring this broad immunity “rest largely on ‘policy and purpose’” instead of the statute’s plain text.