“We’re a court. We really don’t know about these things. These are not the nine greatest experts on the internet.”
Supreme Court Justice Elena Kagan made the wryly self-deprecating comment early in oral arguments for Gonzalez v. Google, a potential landmark case covering Section 230 of the Communications Decency Act of 1996. The remark was a nod to many people’s worst fears about the case. Gonzalez could unwind core legal protections for the internet, and it will be decided by a court that’s shown an appetite for overturning legal precedent and reexamining long-standing speech law.
But during a remarkably entertaining session of questions today, the court took an unexpectedly measured look at Section 230. The outcome in Gonzalez is far…