Anderson v. TikTok: Limiting Liability Immunity for Social Media Companies?

November 18, 2024 at 1:00 PM ET

This summer, the Third Circuit published an opinion in Anderson v. TikTok holding that social media companies’ algorithms prioritizing and sorting of user-created content are not immune from liability under § 230. Is this decision correct? How does it relate to the Supreme Court’s recent decision in Net Choice concerning the First Amendment rights of social media companies? How do historic regulations of common carriers fit into the picture? Do social media companies’ products operate in a “regulation free” zone in which they have statutory immunity from all liability and First Amendment protection from all regulation? The panelists discuss these topics and more.

James M. Burnham

President

Vallecito Capital, LLC


Jennifer Huddleston

Technology Policy Research Fellow

Cato Institute


Ashley Keller

Partner

Keller Postman


Chris Marchese

Director

NetChoice Litigation Center


Prof. Eugene Volokh

Gary T. Schwartz Distinguished Professor of Law

UCLA School of Law


Cyber & Privacy
Emerging Technology

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