Joe Biden is quickly learning the Supreme Court is not his friend.
And it could not come at a more perilous time for his campaign.
Now Clarence Thomas made one decision that terrified Joe Biden.
Section 230, which grants tech companies immunity from liability for what is posted on their platforms, is the biggest story in America right now.
Facebook and Twitter and censoring the New York Post and the Trump campaign for sharing news reports published in the Post about emails from Hunter Biden that allegedly prove Joe Biden knew about Hunter Biden’s corrupt relationship with Burisma while Joe Biden served as Vice President.
Section 230 of the 1996 Communications Decency Act grants them monopoly power that they can use to censor content that is obscene or harassing as long as it is done in good faith.
The Supreme Court recently rejected a challenge to Section 230, but Clarence Thomas wrote in the denial of certiorari that the Supreme Court should take up this issue.
“When Congress enacted the statute, most of today’s major Internet platforms did not exist. And in the 24 years since, we have never interpreted this provision. But many courts have construed the law broadly to confer sweeping immunity on some of the largest companies in the world,” Thomas wrote.
Thomas argued that courts had gone too far in giving social media platforms the ability to censor content.
“But by construing §230(c)(1) to protect any decision to edit or remove content, Barnes v. Yahoo!, courts have curtailed the limits Congress placed on decisions to remove content, protects removal decisions because it would “swallo[w] the more specific immunity in (c)(2)”). With no limits on an Internet company’s discretion to take down material, §230 now apparently protects companies who racially discriminate in removing content,” Thomas added.
The fight over Section 230 and social media companies’ ability to censor content that Democrats don’t like will only intensify after Twitter shut down the accounts for the New York Post, White House Press Secretary Kayleigh McEnany, and the Trump campaign.
But Clarence Thomas is sending a clear signal that the Supreme Court is looking for the right case to slap down Big Tech.
Renewed Right will keep you up-to-date about any developments to this ongoing story.